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Series. 


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Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  histt  rique3 


1^ 


Technical  and  Bibliogtaphic  Notes/Notes  techniques  et  b.bliographiques 


The  Institute  has  attempted  to  obtain  the  best 
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copv  which  may  be  bibliographically  unique, 
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L'lnstitJt  a  microfilme  le  meilleur  exemplaire 
qu'il  lui  a  ete  possible  de  se  procurer    Les  details 
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point  de  vue  bibliographique.  qui  peuvent  modifier 
una  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  m^thode  normale  de  filmage 
sont  indiqu6s  cidessous 


n 


D 
D 
D 
D 
D 


u 


Coloured  covers/ 
Couverture  de  couleur 

Covers  damaged/ 
Couverture  andommagee 

Covers  restored  ana/or  laminated/ 
Couverture  rentaur^v.  et/ou  pelliculee 

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lors  dune  restauration  apparaissent  dans  le  texte. 
mais.  lorsque  cela  6tait  possible,  ces  pages  n  ont 
pas  ire  film^es. 


□ 


I' 


u 
iZi 
D 
D 
D 
D 


Coloured  pages/ 
Pages  de  couleur 

Pages  damaged/ 
Pages  endommagees 

Pages  restored  and/or  Uiminated/ 
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D 


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18X  22X 


10X 


14X 


26X 


30X 


12X 


16X 


v/ 


20X 


2'-X 


28  X 


32X 


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Metropolitan  Toronto  Library 
Canadian  History  Department 

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first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — ♦■  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

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beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


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g6n6rosit6  de 

Metropolitan  Toronto  Library 
Canadian  History  Department 

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plus  {<rand  scin,  compte  tenu  de  >a  condition  et 
de  la  nettet6  de  l'exemplaire  film6,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 

Les  exemplaires  originaux  dont  la  couvdrture  en 
papier  est  imprimde  sont  filmds  an  commengant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernidre  page  qui  comporte  urie  enipreinte 
d'impression  ou  d'itlustration,  soit  par  le  second 
plat,  salon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  film6s  en  commen'^ant  oar  la 
premiere  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaltra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  — ♦■  signifie  "A  SUIVRE",  le 
symbole  V  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  §tre 
film6s  d  des  taux  de  reduction  diff^rents. 
Lorsqua  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  clich6,  il  est  film6  &  partir 
de  Tangle  sup6rieur  gauche,  de  gauche  d  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  ndcessaire.  Les  diagrammes  suivants 
illustrent  la  m^thode. 


6 


s 


v; 


SPEECH 


OF 


HON.  JOHN  A.  DIX,  OF  NEW  YORK, 


;--^c'- 


ON 


THE  OREGON  QUESTION. 


DELMERED 


IN  THE  SEXATE  OF  THE  UNITED  STATES,  FEBRUARY  18  &  19,  1846. 


WASHINGTON: 

PRIIfTED  AT  THE  OFFICE  OF  BLAlR  AND  RIVESr 
184G. 


J 


0'^'^%«\U 


<^c^^ 


7 


/ 


JIJN15    i955 


THE    OREGON    QUESTION. 


The  Resolution  giving  the  twelve  months'  notice 
for  the  termination  of  tiie  joint  occupancy  of  tlie 
Oregon  Territory,  beinj;  under  consiilcrulion  as 
in  connnittec  of  the  wliole — 

Mr.  DIX  rose,  nn<l  proceeded  to  address  the  Sen- 
ate.    He  said : 

In  entcrinsj  into  tl.e  debate  on  tlic  question  un- 
der consideration,  I  feel  constrained  ;o  ditFer  in 
opinion  with  two  distiniruislied  Senators  wiio  have 
jireceded  nie,  in  rdalioti  to   tlie  manner  in   w  hic!i 
tlie  discussion  shor.ld  be  conducted.     [  allude  to 
the  Senator  from  Ohio.  [Mr.  Am.ev,]  who  opned 
tlie  dehnte.  and   tie  S  iiator  from  Delaware,  [Mr. 
J.  M.Ci.AVTox.]  wl  o  followed  him.   lioth  took  the 
pmund,  and  with  eiiually  sIroii;,'lan;,'uaire,  that  the 
title  to  Oreu;on  ouu:lil  not  to  be  drawn  into  tliis  dis- 
ciisp.sion;  but  fcr  totally  dilfesent  reasons — the  Sen- 
ator from  Ohio,  Ik  cause  the  time  for  discussiiijj  it 
hnci  ;;onc  by;  and  the  Senator  from  Delaware,  i..-- 
caiise  the  time  for  di.scussini;  it  had   not  arrived. 
With  the  unf.  i;,'ned  respect  which   1  eiiterl;'iii  for 
both  Senators,  I  dissent  from  their  opinions  with 
p-rcatditlidenceofmyown.   Hut  lam  constrained  to 
ren;ard  the  (luestii.n'of  our  ri:,'lits  in  Oreuoii,  as  one 
on  which  the  propriety  of  the  measures  jiroiiosed 
peculiarly  anU  ( inineiuly  d<  pend.s.     What  is  tiie 
j)roposition   before  tlie  Senate?     It  is,  to  give  io 
Great  Britain  the  notice  of  tv.elve  months,  by  vir-  j 
tue  of  which  the  treaty  between  her  and  the  Uni- 
ted Slates,  stipulating  that  the  territory  of  Oregon 
shall  be  free  and  open  to  ih;;  people  of' both  coun- 
tries, is  to  be  abrogated  and  annulled.      We  can- 
not  disguise  the  fact,  that  this  is  a  measure  of  the 
most  decided  character,  and  involving  the  most 
imporUinl  consequence.).     What  i.s  it,  sir,  but  a  i 
<leclaralion  that  tiie  territory  of  Oreg(m,  after  the 
expiration  of  twelve  months,  shall  no  longer  be 
open  to  the  subjects  of  Great  P.ritain .'     It  is  the 
first  step  towaidstlw  assertion  of  our  right  of  em- 
pire and  domain  in  Oregon.     I  can  see   it   in  no 
other  light.     I  shall  supp(n-t  it.     But  I  cannot  as- 
sent to  the  propriety  of  adopting  a  measure  of  sucli 
magnitude  without  saying  a  simrle  word  in  illus- 
tration of  our  title  to  tlie  territory,  over  which  we 
arc  thus  prtparing  to  assert  our  paramount  rights. 
I  do  not  feel  at  liberty  to  take  such  a  step,  d'cnv- 
ing  summarily  ail  ridit  in  others,  or  abWining 
from  tlie  assertioi)  of  any  right  in  ourselves. 


I  propose,  therefore,  as  a  preliminary  of  action 
on  my  own  part,  to  looK  at  <  iir  title  to  Oregon — 
not  for  the  purpose  of  defining  it  with  critical  pre- 
cision ,  but  so  far  as  to  state  the  general  grounds  on 
which  it  rests.     And  I  am  disposed  to  take  thia 
course,  not  only  with  a  view  to  justify  the  vote  I 
intend  to  give,  but  for  the  further  purpose  of  cor- 
recting extreme  misconceiitions,  both  at  home  and 
abroad,  on  a  few  points  of  vital  consequence.    No 
I  purely  American  question  has,  perhaps,  excited  a 
I  stronger  inteiesi  in  odier  countries;  and  I  doubt 
;  whether  any  other  has  been  so  greatly  misrepre- 
:  sented.  The  same  misapprehensions  exist  at  home. 
,  Tlie  public  nress,  for  the  last  few  weeks,  has  been 
I  teeming  with  essays  disparaging  tiie  Spanish  title, 
on  which  our  own,  in  S'>me  degree,  rests.     I  am 
I  miwilling  either  to  pass  by  these  statements  in 
j  sileiKT,  or  to  meet  them  with  sui.imary  declara- 
I  tioiis  of  right.     It  is  natural  that  Senators,  who 
j  have  been  long  on  this  floor,  and  who  have  already 
!  borne  a  par'  in   the  discussion  of  this  question, 
I  should   f-  el   dilTereiitly.     But  for  my.self,  having 
never  even  listened  to  a  debate  on  the  subject — a 
,  subject  until   rccenily  entirely  new   to  me— I  feel 
lioiiiid  to  state  the  grounds  on  which  I  act.     This 
j  is  what  I  propose  to  do — not  by  the  analysis  of 
[  any  particular  treati.se,  or  by  the  examination  of 
any  parii(;ulir  view  of  the  subject— but  by  exhibit- 
in::  some  of  the  'listorical  facts  on  which  the  Span- 
ish title  and  o       own  rest.     I  shall  endeavor  to 
perform  tiiisdu.y  in  the  plainest  manner,  adhering 
rigidly  to  the  subject,  and,  if  jiossible,  without  ad- 
dressing a  single  word  to  prejudice  or  passion. 

The  region  which  now  constitutes  the  territory  of 
Oregon  was  .seen,  and  ajiart  of  its  coast  reconnoi- 
tred—I  will  not  say  exjjiored — half  a  century  after 
thediscovery  of  America.  In  consequence  of  its 
remoteness  from  the  course  of  trade  which  was 
opened  by  the  voyagesof  Columbus,  the  supposed 
rigor  of  its  climate,  and  the  certainty  derived  from 
the  expeditions  sent  oi,'  from  Mexico,  that  it  con- 
Uiincd  no  sources  of  wealth  like  iliose  by  which 
Sf)ain  had  been  enriched  in  the  more  southern  por- 
tions of  this  continent,  it  remained,  for  more  than  two 
centuries  and  a  half,  without  any  permanent  setiJe. 
mcnt  by  civilized  men.  During  this  long  period, 
Spain  c.ons<.^n«!y.^Ps^rtcdhcrright of  proptieiorship 
in  It  by  virtue  of  disco  very,  and  had  formed  tempora- 
ry establishments  in  its  neigliborhood  from  time  to 


Tli'-cluimsof  Russm  liav.'  I.rtn  a.lj.i.sud  will,  tiniil  '  lli<ni;  Iml  shr  iiisisl«  llial  m.  -.iIkt  i.ow.r  .s  -all  o.. 
Briuiin.  SIk:  Ih.UIs,  I,v  tlic  m-<|ui;.s,'.iici.  of  the  lal-  !  .-.ipy  il.in.,  U.au>r  ii  would  1,.;  ii,innou.i  to  in- 
ter, the  wl.ole  iiorlliw.'si  ...iislor  Ai.uriru  iionliof  ,  .sulil.iiirm:^  .11  N.w /.alaui',  w  .idi  .it  i.'' >iiy  )uc 
latitude  540  40',  as  far  l>ark   as  the  fust  iaii^<' of    huiidrtd  mil.  s  distaiit  Ironi  thrin. 


1  pioiiosc  now  to  Ml'  wliat  arts  have  Ixcii  pcr- 

formrd  111  ns|n!C'ltot)n::oii  liy  dill't  iciil  nations;  or, 

tiior  wold.-:,  to  txaniinc  tin-  natme  of  l!if  dis- 

lavc  bcciiiiiadf,  and  llif  cstablir.li- 


III  o 


lii"liluiids  ;  and  liv  virtue  of  a  coinnilioii  betwn  11 

hc^  mid  us,  we  liavc  a::iTcd  to  lonii  no  srttlt-- 

liients  nortliof  that  jiaralld.     Tlio  south' ni  hue  of  ^ 

Orc'on  wc  liohl  to  be  fixed,  bv  til"  setthini'iit  of  I  tovtius  wUi.  ,■      , 

the  "boundary  lii.e  between  the'Unitcd  States  mid    inents  whi.ii  Imv.-  b.eii  fonmd  111  -liat  re-i. 

Mexico,  at  4-».  Tlie  territory  in  disinite  has,  tlure- 1  plyin- to  them  as  1  proceed  the  pnn.iiiles 

fore,  a  coast  of  twelve   |  aiall<  is  and  Iwo-tl.irds  of    eoiicisily  staterl 

latitude,  running;  back  into  the  iiitirior  toilii-  Uoeky 

mountains;  mid  the  United  Stales  and  Great  liritain 

are  the  only  claiinmits  to  tlie  rislil  of  proprietorship 

ill  i<-  ... 

Before  I   proceed   to  examine    tliiir    respective 


lat  rejiion,  ap- 
1  have 


The  fiist  di.-covi  rerofaiiy  part  of  ihe  norll.v.es., 
coast  of  America  iiorili  of,  or  in  iinmcdiatf  -01111- 
•'uity  with,  the  bouiidarv  between  us  and  Meyico, 
was  I'Vrrelo.     He   was'tlie  jiilot  of  Cabrdio,  tlic 


nandcr  of  an  expedilion  Ctled   out  in  Mexico 

■■       '      '■  ry     •"'-• 

(1    on    the 


overy  01  hail 


claim.s  it  may  be  i.roper,  as  tiie  subject  lias  bem  ;  in  ir,43,  fifty-one  year.-.'  after  tlie  di..rove 
referred  to  on  tliis  floor,  briefly  to  state  the  condi-    Doniinso   by  Columbus.        abriilo  itie. 
ions  under  which,  l.y  the  usa^e  of  nalio.is,  a  ri,?lit     voya:;.-,  and  Fern  lo  succe,  ded  to   the  ;">  ;».m.J. 
of  property  in  lands  tininhabited,  or  unoccupied  by    He  <xamn,ed  the  coast  from  t.j.  .>;ui  a  l.a.ba  a 
'■'•     '      <  --<      : >  islrtllds,  111  latitude  34"  to  the  4.!d  |iaiallel  of  latl- 


•wiinderiiij;  tribes,  may  be  accpiired.  , 

The  basis  usually  relied  on  to  support  a  riu;ht    tude,  but  the  latter  |>art  ot  Ins  voyage 
of  this  nature  is  discovery;  but  it  is  a  -round  of    1  believ,.,  without  landui-,  and  by  aineiejnspec. 


was  made, 


right  which  become.*  untenable,  unless  followed  by 
an  actual  occupation  of  the  discovered  lerril  )ry. 
Tf  a  title  is  not  perfected  liy  occupation,  a  second 
discoverer  may  appropriate  the  territory  thus  iie;^- 
loc.ted  by  the  first.  I'.ut  this  must  be  upon  reasou- 
ftble  evidence  of  the  intention  of  the  first  discoverer 
not  to  take  posses.sion  of  it.     If  a  > 


tion  of  the  coa.st  fnun  his  vessel.  In  1535,  eii;lit 
years  before  this  exi)loralion  was  made,  pos^u.s- 
sion  had  been  taken  of  California  liy  I'Vrnando 
Cortes,  in  the  name  of  Spain,  and  an  rslablish- 
nient  had  been  t'oinied  in  '.M'^  (d"  north  latitude. 
This  eslabli^limenl  was  ke]il  up  for  several  years; 
second  discoverer  i  and  ilie  Liulf  of  California  to  its  northern  exlrenii- 

wistern  coast  ns  liifjli  as  3!5^  north 


were  to  seize  uiion  and  appropriate  the  di.scov.red  1  ty,  with  the  western  coast  "-^  hiKli  i'-'^  3&^  "">■"' 
terrilorv,  before  the  first  h.id  time  to  fi>rin  an  eslab-  ]  h-.litmle,  had  been  .xplon  ,1.  1  h(  .se  exi.lorations, 
lishment  within  it,  such  an  act  of  interference  would  ,  and  th.'  est;,blishnienis  f.rnied  111  carryin-  them 
be  -e-iirded  as  an  unwanant.ible  intrusion,  which  :  on,  were  all  made  in  pursuance  of  a  settl.d  purpose 


the  latter  niisht  justly  resist.     On  the  other  hand,  if 
the  first  discoverer  'lu^lecis  within  a  reasonable 
time  to  take    actual    pos.se.ssion  of,  to  form  settle- 
ments in,  or  make  some  actual  use  of,  the  re:;ions 
he  has  diseo\cred,  the  hiw  of  lu.tions  will  not  ac- 
knowledge in  him  any  absolute   riirht  of  properly 
in  or  soveivi.'iity  over  it,  even    tlioii;;li    he  ni;\_\ 
have  set  up  nionumenis  or  memorials  of  his  dis- 
covery at  the  time  it  was  made.     Such  is  the  .spirit 
of  the  rules  in  relation  to  the  discovery  and  occupa- 
tion of  uninhabited  territory,  as  stated  by  writers 
on  international  law.     It  is  certainly  not  easy  to  lay 
down  any  inviiriable  rule  in  respect  to  the  time 
within  which,  or  tiie  circumstances  under  wliieli,  a 
title  by  discovery  must  be  perfected  by  occupation. 
The  rules  and  maxims  of  international  law  are  but 
a  practical  application  of  the  primiph  s  of  universal 
equity  and  justice;  and  in  the  riettlemeiit  of  f|ues- 
tions  of  this  natu'e,  the  real  objects  and  intentions 
of  the  liarties  are  to  be  sou2;lit  tor  in  a  reasonable 
interjiretation  of  their  acts.    1  believe,  however,  the 
doctrine  may  be  considered  fairly  inferrible'  from 
the  whole  body  of  the   law  on  this   subject,  that 
rights  by  discovery  remain  good  uniil  superseded 
by  rights  of  occupation.  With  regard  to  Great  Brit- 
ain, 1  think  I  may  .safely  s;iy,  that  her  pr.  ctical 


rule  pushes  this  doctrine  farther.  She  resists  all  j  examination,  winch  was  a  mere  m.^  euion  iioi 
allempus  by  others  to  acquire  rights  by  occm.ation  his  ves.sel,  at  430.  the  supposed  bourdary  of  I-e 
tn  territories  which  she  has  discovered,  anil  thus    rclo's  inspcc   on  nio/e  than  t.  .puo-.e,-  of  a  centur 


in  territone 

renders  her  own  rights  by  discovery  perpetual 

Lieutenant  Broughton,  in  the  armed  tender  Chat 


n  the  ])art  of  Spain  to  extend  her  dominion  ov(  r 
the  uninhabiled  territory  on  ihc  northweslern  c'.,a.-,t 
of  America.  The  discoveries  to  which  these  ex- 
lilorations  led  wire  theiefoii'  not  accidental.  The 
expeditions  wi  re  fitted  out  for  the  single  object  re- 
ferred to.  In  the  pro:-(culion  of  ibis  design,  it  is 
true  the  most  arrou'anl  and  aiisuid  pieteiisiiins 
were  set  up  by  Spain  in  respect  to  the  exclusive 
navi'iaticni  i.f  the  Pacific;  but  these  must  not  be 
pernulted  to  pr<  judice  li' r  just  claims  to  [jortions 
of  the  continent  washed  by  its  waters  on  the  irround 
of  disc-overy  and  occujiation,  and  the  declared  pur- 
poses she  had  in  view. 

The  next  navii^ator  who  appeared  on  the  norlli- 
west  coast  was  Sir  Fnuwis  1  trake.  He  left  Eng- 
land in  ].'>77,on  a  iiredatory  expediti'ii  airainst  the 
dominions  of  Sjiain  in  the'l'aeific.  In  157'.>,  after 
having  aii'omi>lislied  his  object,  and  carried  devas- 
talioirand  terror  into  the  unprotected  Spanish  set- 
tlements <m  the  roa.st.  he  landed  in  .'K'  north  lati- 
tude, in  a  bar  sup]iosed  to  be  that  of  San  Fraiu  is- 
eo,  and  i)assed  five  weeks  in  repairing  his  ves.sel. 
Retook  possession  of  the  country,  iind  called  it 
New  Albion.  It  is  pretended  that  Sir  Franci.s 
Drake  followed  the  coast  as  far  north  as  48°;  but 
the  best  authorities  fix  the  northerly  limit  of  his 
ill,  which  was  a  mere  in.-pection  from 

-  "^Yr- 
ntury 


*  See  Vancouvtr's  Journal,  book  I,  chapter  11. 


5 


bcforr*.  As  llip  Tliitish  nr^rotinlors  ImvP  n1)amlon-  ] 
c(|  Dnikc's  cxi.cdilioti  nsa  )i;>rl  oftl.r  IkisIh  of  their  • 
rli.,m,  I  will  not  dwrll  upon  it,  rxrriitiii;;  to  nJd  I 
llmt  liiM  exuniiiKitidiis  \v<ie  iiiridciitnl;  tlicy  wito  I 
not  mad<-  ill  |.ursium<T  ..t'imv  i>iir|i'>se  i)f  cxplora- j 
tion  n-  srilliiiicnt:  ihoy  led  to  tiie  discnvorv  nf  no  ' 
nc.v  IciTiiorv;  Mild  ihf'y  ^^<  re  not  tollowtd  up  l)y  | 
nn  liMli;d  orniicitioii  of'  the  soil.  For  two  rchtn- 
Tirs  no  rliiim  to  irrritorial  ii:,'lits  thiit  I  am  luviirr  I 
of  WHS  set  iii>  liv  liiv't  l!iii:iin  on  tlir  j,'round  of 
Dr-kp'M  prct.  Piled  discoveries.  j 

';  :ic  ne::t  -"r^iilLrer  wns  tlio  Greek  pilot,  Junn  de 
Fiiea,  who  wns  sent  to  the  nortliwesi  eoasl  in  ITi^'i,  I 
thirteen  ynrrn  after  r)iMUe,  hy  the  Vieeroy  of  Mex-  | 
iro,  for  the  purpose  of  disroveriii','  the  iinn^inary  I 
Strait  of  Aiiinn,  snppo.«eil,  at  that  day,  to  (•innieet  I 
the  luMlh  l';"Mfie  with  the  norili  Atlaiilie  ocean.   In  | 
the  proseciilioii  of  his  vovaire  he  eiitei-ed  an  exten- 
sive iii'et    from  the  sen,V.s  he  supposed,  hetween 
th  •  47lh  and  4Sih  parallels  of  latitude,  and  sailed 
More  than  twenty  days  in  it.     Sucli  is  his  own  nr- 
count  iis  detailed  l.y  Michael  l.nvk-  and  itacrords, 
as  well  iir  his  di  ■'(■riplions,  so  nearly  with  the  ac- 
tual nature   of  tiie  localities,  that  it  is  now -rene- 
rallv   conceded  to  he  .<uhsi'  ..iaily   tnie:   and  his 
nanie  is  conferred  hv  universal  eonsenl  on  the  strait 
betwf'-n   the  4f*tii   and   YM\\   parallels  of  latitude. 
Spain  had  thu.v  made  discoveries  on  the  northwest 
roast  hefore  the  cicise  «f  the  sixteenth  cent.iry  as 
far  north  at  least  as  the  4Slh  de',ne.;  of  latilude.and 
the  iiatiin-  of  the  explorations,  front  jheir  extent 
and  thescitlcd  purpose  in  pursuance  of  wiiich  they 
were  niaile,  excludes  all  elaiiii   of  discovery  by 
others  down  to  that  ]>erioil  of  time. 

Ill  I(i(i:<,  Vizcaino,  n  dislinLniislied  naval  eorii- 
mamler,  under  an  order  from  the  Kiii^  <;f  Spain, 
mad'  a  careful  survey  of  the  coast  of  Californta  to 
Mo  ,crev,  in  the  mill  i-arallel  of  latitude;  and  he 
n'so  ev;|dored  the  coast  as  far  north  as  the  4."{d  par- 
allel, dvmc  names  to  several  hays  and  promonto- 
ries as  he  advanced.  Duriiii:  ihe'seventeeth  centu- 
ry, at  least  seven  diU'erent  altcm|its  were  niade  hy 
the  Spaniards  to  form  esiaMishmeiits  in  Culiforma; 


hut  from  the  hosiiliiy  of  the  natives,  and  other  j 
causes,  thi'se  a'ii'inpls  failed,  so  far  as  any  perma-  ■ 
iient  settlement  is  concerned,  excepting'  the  last,  ■ 
which  was  made  in  If.'.t?.  P.iit,  within  sixty  years  ! 
from  this  time,  sixteen  jiiiiicipal  estaMishmenls  | 
were  fiirined  hy  the  Jesuits  on  the  we^tern  coast  | 
nf  America,  l.etween  the  Gulf  <d'  California  and  i 
Tape  Miaihiiiiio,  one  of  which  was  in  the  hay  of  j 
St.  l-'raiiciscn,  near  the  .'If^ih  de-ree  of  latitude.  , 
Duriii'j  the  whole  period  from  the  landiim-  of  Fcr-  | 
jiando  Cortes  ill  California,  and  the  latter  part  of  | 
the  ei'rhleeiiih  century,  S|iain  had  tuiiforinly  as-  I 
serted  h<T  title  to  the  northwest  coast  of  America, 
and  had  from  time  to  time  made  ellorts  not  only  to 
extend  iK'r  discoveries  there,  hut  to  perfecl  her  | 
rijrhi  of  empire  and  don.ain  l>y  permanent  tstab-  i 
lisliMien's. 

In  1771,  Perez  was  ordered  hy  the  Viceroy  of  | 
Mexico  to  proceed  to  QP  north  latitude,  and  ex- 
plore the  coast  south  to  Monterey,  and  to  take 
possession,  in  llie  name  of  the  Kiiiic  of  Spain,  of 
the  places  where  he  should  land.  lie  succeeded^ 
in  reachiiu^  the  :)4tli  pa'-alhl,  within  two-thirds  of 
ade-ree  of  the  northern  boundary  of  the  disputed 
territory,  whence  he  returned  aloiej:  the  coast  to 
Waslunu'toil's  Islatiil,  as  it  was  calhul  by  Captain 
Gray,  or  Uiiceii  ChuiloUe's  Is'.iinJ,  as  it  wasiU'ier- 


wards  natned  by  the  Hriiish  navijntors.     In  Inti- 

tiide  49°  30'  ho  entered  n  capacious  bay,  where  he 

remained  for  some  lime,  trading' with  the  natives— 

the  same  bay,  beyond  all  n<">s<''*"'  which  was  tour 

years  afterwards  called  Kin- Geor-e's  Sound  by 

Cant   Cook,  and  is  now  known  as  Nootka  Sound. 

'  'hie  next  year,  (177:.,)  Heecla  sailed  as  far  north 

as  the  4Hth'de!;iTe  of  latitude,  and  explored  the 

roast  south,  fillm'.  np  the  outline  which  Perez  hml 

left  incomplete.      He  had  T>revionsly  landed  at  41^ 

ItV    and  erected  a  cross  with  an  in'^^  ription  setting 

for-'h  that  he  had  U.ken  p.:..i'efsion  of  the  <-"<"i'ry 

in  the  name  of  his  sovereiirn.     In  latitude  4»)"  li 

he  discovered  a  rapid  curr.Mit  outward   ir.mi   the 

land    opposite  to  an  openinir,  whi'-h  he  nnmediale- 

ly  pnmonnced  to  bothe  mouth  ofariver.     tronl      , 

liiin  it  was  first  ealhd  the  Kntrada  de  Hecetn,  and 

afterwards  the  river  St.  Roc     He  made  repeated 

attempts  to  enter  it,  but  was  conslmiily  balHed  by 

the  violence  o.'  the  current.    This  is  now  eonceded 

to  have  been   the  month   of  the  river  Columbia, 

which   was  discovered   and    entered    by  Captain 

Gray,  of  Boston,  seventeen  years  afterwards 

I  )urin"  the  same  year  the  coast  was  also  explored 
from  the  .50111  to  the  .'Sitth  de-ree  of  latitude  by 
i  Cluadra  (v  Hodc-a)  and  Maiirelle,  who  erected 
■  crosses  in  "testimony  of  their  discoveries.  On  their 
I  return,  they  visited  the  coast  at  the  47th  de-ree  of 
I  latitude. an'd  explored  it  from  the  45ili  southwardly 
j  to  the  42d.  ,      .,  L-  u  1 

1       It  will   be  perceived  hy  these  detads,  \vhich  1 
'  have  deemed  it  necessary  to  state  with  some  par- 
1  ticiilariiy,  that  previous  to  1778,  the  year  m  which 
I  Captain  Coidv  visited  the  northwest  coast,  the  Span- 
!  iar.ls  had  examined  it  with  threat  care  and  persever- 
'  aiire  from  'M°  to  4<.)0  'MV .     They  had  also  exam- 
ined it  from  the  .'■)4th  to  the  .Wth  parallels,  and  vis- 
1  ited  it  at  intermediate  jioinls.     And  in  these  explo- 
i  rations  they  were  wholly  without  coii'petitors,  ex- 
;  cepliii"  on' the  part  of  some  Russian  naviirators, 
I  who  had  madediscovcries  north  of  iheoliih  parallel, 
and  Drake,  who  had  visited  the  coast  at  the  38ih. 
Duriii"  the  two  centuries  which  intervened  from 
the  ex"peditioii  of  Drake  to  the  third  voyase  of 
Cook,  no  attempt  li;id  been  made,  nor  any  (leaign 
iii.iicaled  on  the  part  of  (treat  P.ri tain,  to  avail  her- 
self of  ar.y  pretended  claim  by  virtue  of  the  tran- 
sient visit' of  the  fm-mer  to  the  coast;  while  Spam 
constantly  asserted  hci  ri-hi  to  it  by  virtue  of  pre- 
vious iuid  subsequent  discoveries.     And  in  Cali- 
fornia and  its  nei-:hborliood  she  had,  after  repeated 
elforts,  succeeded  in  eirectin^'  the  permanent  occu- 
pation of  the  country,  which  was  her  earnest  oo- 
ject— an  object  which  no  other  power  during  that 
loinr  period'  had  even  in  contemplation.  ^     » 

The  third  voya^'c  of  Captain  Cook,  undiTta:en 
in  1777,  <rave  the  first  indication  of  a  desire  on  the 
part  of  G~reat  Britain  to  appropriate  such  pt  rU  of 
the  northwest  coast  of  America  as  she  considered 
open  to  settlement,  and  subject  them  to  herdomin- 
1  ion.     He  wa,.  instructed  to  lake  possession  in  the 
name  of  the  Kin?,  of  convenient  situations  in  the 
I  countries   ho  mi;:ht  discover   that  had    not   been 
I  already  discovered  or  visited  by  any  other  Euro- 
I  pean  riower.     In  1778  he  landed  at  Nootka  Sound, 
in  4'JO;i:V  north  latitude,  where  he  remained  nearly 
'  a  month  tradimi  with  the  natives  and  refiltine  his 
'  vessel.     I  believe  this  was  the  only  point  within 
I  the  territory  in  dispute  at  which  "Caiitam  Cook 
I  landed ;  and  it  is  proved  by  ius  latitude  to  be  the 


t 


M 

li 

i 

(   ! 


Bame  bnv  whi.h  Perez  discovered  fi.ur  years  be- 
fore, and  III  wind,  lie  nasocd  hoiiic  time,  like  Ciip- 
lain  Cook,  trading;  willi  the  iialives.  'I'lio  muIjsc- 
queni  explorations  of  the  latter  were  made  farther 
r?n  '"I'cve  he  did  not  see  the  coaHl  south  of 

550— with  a  view  to  the  disrovtry  of  a  pasMiite 
between  the  Pacifi,;  and  Atlantic  oceans,  and  tliey 
have  no  beannn;  on  t|,c  (luesiion  und.-r  dincussion. 
The  expKuation.s  of  Captain  Cook  fjave  no  title 
whatever  to  Great  Uriuiiii  0,1  ti.e  .s^oi,;  of  dis.:overy 
—the  only  place  where  he  landed  havini;  been  pre- 
viously visited  by  Frrez.  H.sidi  s,  if  slie  had 
gained  a  contin-eiit  right  of  possession  by  virtue 
of  his  explorations,  she  did  not  proceed  to  perfect 
her  title  by  a  formal  occupancy.  The  neglect  of 
Great  BriUtin  to  take  actual  possession  of  Nootka 
Sound,  even  if  she  had  ■gained  a  continjjent  ri;;hl  by 
discovery,  is  conclusive  n^'ainst  any  claim  cm  her 
part  to  a  ri-cht  of  property  in  it.  l-'or  ei<;ht  or  nine 
years  the  British  (lajj  was  not  once  unfurled  there 
as  !  can  learn,  although  the  place  had,  in  the  mean 
time,  been  visited  by  navi^Mtors  of  other  nations; 
and  It  w  IS  not  until  several  years  later  still  that  it 
was  even  entered  by  a  public  armed  vessel  of  Great 
BriUiin;  and  then  not  until  the  Sj)anisli  Govern- 
ment had  Uikeii  formal  possession  of  it. 

In  1787,  Berkeley,  an  l^iiKlishman,  in  the  ser- 
vice of  the  Austrian  East  India  Coni])any,  saw  the 
Strait  of  Juan  de  Fiica,  but  without  aitemptins;  to 
*>'""'!•  ''>  ''•'«  "'i'liiier,  Mcares,  a  lieutenaiu  in 
the  British  navy,  though  in  the  service  of  a  Portu- 
guese merchant,  and  sailin-  under  the  fla-j  of  Por- 
tugal, sent  a  boat  a  few  miles  into  the  strait  in  17KtS, 
having  learned  from  Berkeley  that  he  had  re-dis- 
covered it  the  preceding  year.  Meares  also  ex- 
plored the  coa.n  ill  the  vicinity  of  the  mouth  of  the 
Columbia  river,  and  came  to  the  conclusion,  to  ut^e 
his  own  language,  that  "  no  such  river  as  that  of  .St. 

Roc  exists,  as  laid  down  in  theSnanish  charts." 

"Voyages,  Ac.,  John  .Mcares,  Esl^.,  page  IGH. 

As  the  transai^tions  in  which  Meares  was  en- 
gaged, on  the  northwest  coast,  are  intimately  con- 
nected with  the  claim  ot  Great  Britain  to  a  right  of 
joint  occupancy  in  respect  to  Oregon,  I  i,ust  it  will 
not  be  deemed  superfluous  if  1  examine  them  sniiie- 
what  in  detail. 

Before  making  the  explorations  above  referred 
to,  Meares  had  landed  at  Nootka  Sound,  and  left  a 
party  to  build  a  small  vessel.  He  had,  for  a  trilling 
consideration,  obtained  the  !;rant  of  "a  spot  of 
ground"  from  Maquinna,  the  King  of  the  surround- 
ing country,  to  build  a  house  for  the  accommoda- 
tion of  the  party.  U'lie  occupation  was  avowedly 
for  a  temporary  purjiose;  and  he  had  stipul  ited 
with  Maquinna  to  restore  the  po.ssession  to  lim, 
when  he  (Meares)  should  finally  leave  the  const.* 
In  the  autumn  of  the  .same  year,  he  left  No  itka 
Sound  with  his  vessels,  one  of  which  winterel  in 
China,  and  the  two  othei-s  in  the  Sandwich  Islands. 


I  should  have  before  observed  'hat  he  arrived  nt 
Nootka  Siiind  with  two  ves.scis,  the  Felice  and  the 
Iphigema;  and  the  third,  the  Noithwest  America, 
was  built  there  during  the  summer.  In  the  mean- 
time, the  C'idumbia  and  the  Wa.ihington,  two 
America;i  vessels  from  Boston,  entered  the  sound 
and  |)ass  'd  tbe  winter;  and  from  all  the  t(siimony 
nlating  to  the  subject,  there  is  no  doubt  that  the 
lot  occupied  by  Al.arcs  wiis abandoned, or  restored 
to  Ma(|i;nina,  in  pursuance  of  the  asreement  be- 
tween iluni.  During  all  this  time,  it  is  to  be  re- 
collected,  Meares  was  .sailing'  under  the  Portu- 
guese flag;  .iiid  it  is  a  curious  fact,  that  he  carried 


Willi  him  instructions  to  rr  jiel  by  f.uve  any  attempt 
*""  •■■■•   'f.  Russian,  Spanish,  or  English  vcs- 


*'-M;«|uinnii  liail  not  only  most  rciiilily  consented  in  g  nut 
us  a  spot  of  i-rouiiil  in  liis  icrntnry,  whrTcoii  a  iinnse  iin^lit 
be  built  lor  tlie  acooiinniMlutiiin  ol  the  pi'opli' we  inten(le(''to 
leave  ttiere,  but  hail  pronnsrd  us  also  his  a.ssi.-jance  in  (  >t- 
tvariiiiig  our  worlv.s  ami  liis  protection  of  the  partv,  w  10 
Were  dc.-tintd  to  rcm.nn  at  Nootka  during  our  absence."--- 
Koi/<i?c»,  ^  c,  ky  JiJiii  .Wccrci-,  p'tse  III. 

"The  chiei  was  also  reipiesti'd  to  show  every  innrk  of  at- 
tention and  rnendsliip  to  the  pirty  we  should  leave  onshore; 
and,  a.a  a  lirilie  to  secure'  l;is  atlaehnient,  lie  was  promised 
tliat  when  we  finally  lell  Uin  coast,  he  should  enter  into  lull 
poiS'  ssion  oithe  house, and  all  the  goods  aiidcliulteliitiiere- 
ucto  belonging  " — lb.,  fugc  iUO. 


on  the  \\\n 

sels,  to  .seize   him,  or  carry  him   out  of  hi.s  way. 
Me  was  further  inslnicted,  in  ca.»e  he  was  success- 
ful III  capturing  his  a.s.sailant,  to  send  the  ves.sel  to 
China,  to  be  condemned,  and  the  (tcw  to  be  tried 
aspirates,*  and  yet,  «ir,  notwilhslanding  he  was 
sailing  iinder  a  foreign  /lag,  with  ordeis  to  treat  his 
Britaniiie   Majesty's  .subje.ls  as  pirates,  ir>   ca.se 
they  molested  bun,  the  British  Governmee:.doesnot 
scruple  to  found  ils  title  to  Oregon  on  his  voyage. 
Tliough  the  vess.ls  of  Meares  sailed  under  "the 
Portuguese  flair,  and  under   the  name  of  a  Portu- 
guese subject,  he  lusserted,  in  his  menioriMi  to  Par- 
liament, that  the  jiarties  in  interestwere  British  mer- 
chants.  I  desire  to  state  the  whole  truth,  and  there- 
fore 1  give  a  fad  I  have  not  seen  noticed.  At  page 
173  of  his  Voyages,  it  will  be  seen  that  he  took  pos- 
session of  the  Snails  of  Juan  de  Fuca,  ill  the  name  of 
[  the  kmgof  Gnat  Britain,  in  July,  17SH.    But  inde- 
priideiiijy  of  the  olijection  to  claims  founded  upon 
the  transactions  of  an  individual,  who,  under  the 
most  favorable  view  that  can  be  taken  of  him,  had 
soui;iit  the  protection  of  a  foiei-n  flag  to  perjietrate 
frauds  on  the  revenue  la'vs  of  China,  this  unau- 
thorized act  of  taking  ])o.s.sessioii  under  such  a  flag 
was   preceded^  many  years  by  similar  firmalities 
on  the  part  of  the  Jipaiiish  navigators,  under  ex- 
jiress   ordeis  from  their  sovereign.     The  twofold 
character  which  Meares  united  in  his  person  cer- 
tainly gave   him  manifest  advanta;,'-'S,  both  as  a 
tiiuler  and  a  discoverer.     He  was  a  Portuguese 
captain  when  defrauding  the  revenue  laws  of  China 
for  'lie   bc'iefit  of  British   .subjects,  and  a  British 
liruteiuint    wl.eii    eiicror.;'.hiiig   on    the    t<rritoriai 
rights  of  Spain,  for  the  benefii  of  the  Biitish  sove- 
rei;;n. 

On  the  Cih  of  May.  1789,  Martinez,  a  Spanish 
naval  eoimnai.der,  with  two  public  armed  vessel.-', 
entered  Nootka  Sound,  with  instructions  to  assert 
and  maintain  the  paramount  rights  of  Spain  to  the 
l>la(e,and  to  the  adjacent  coasts.  The  lplii:;eiiia, 
and  the  Northwest  Anicrica,  two  of  Mr.ires's  vcs- 
sal.s  had  returned  from  the  Sandwich  Is'  uids,  still 
sailing  under  Porluijuese  colors,  and  arrived  in  the 
Sound  on  the  i>Otli  of  April,  sixteen  days  before 
Martinez.  The  Northwest  America  sailed  eiirht 
days  afterwards  on  a  trading  voyage,  and  the 
Iphigenia  was  a  short  time  subsequently  seized  by 
Martinez,  on  the  ground  that  her  instriic'tions  were 
hostile  to  Spam.  She  was,  however,  soon  restored, 
and  continued  to  trade  under  Portuijiiese  colors — a 
(act  which  shows  coneiusively  that  no  claim  can 
justly  be  set  up  by  Great  Bri'tain  on  the  basis  of 
thu  voyage  of  Meares  to  Nootka,  and  his  tempo- 


*Appendix  to  Moarei'i  Voyages,  papcni  No.  1. 


rtiry  rstaMislmicnt  there.  The  Northwest  Amer- 
ica was  nlsosri/.(il,for  reasons  not  dire.tly  con- 
nroti'd  with  any  qurstion  of  sovereignty,  tuid  was 
employed  for  nearly  two  years  in  Uie  Spanish 

Bcrvice.  ,     ..      « 

III  the  month  of  Jun",  17S9,  two  vessrls,  the  Ar- 
.'onaut  nil.!  Prinrrss  Royal,  sailing  under  Rritish 
n.l..i-s,arrivrdntN(>otka,and  were  scizid  liy  Mar- 
tiii.z.  It  is  unnecessary  to  entrr  into  tlie  details 
of  this  transaction.  It  is  Kufficicnt  to  say  that  it 
led  to  an  nnimatcd  discussion  between  the  Govern- 
ments of  Great  Britain  and  Spain,  in  respect  to 
their  ri"lits  in  tlio  racific.aiid  tlif  wtMern  coast  of 
America,  which,  for  several  months,  threatened  to 
produce  a  war  l)etween  the  two  countries,  but 
which  was  finally  terminated  in  Octdx  r,  17m),  by 
the  treaty  of  tlu;  Kscurial,  or  the  Nootka  S-und 
convention,  as  it  is  more  frrciuently  denominated 
with  us.  Hd'ore  the  iie^oiiatinns  were  concluded, 
both  vessels  were  voluntarily  released  by  the  Span- 
ish nuihorities  in  Mexico. 

As  the  Nootka  Sound  convention  constitutes  an 
essential  in-redient  in  the  claim  r,f  Great  Britnin, 
it  will  bo  necessary  to  advert  to  such  of  its  provis- 
ions as  are  made  the  foundation  of  her  title  to  the 
qualified  exercise  of  soverei;;nty  which  she  asserts 
over  the  northwest  coast  of  America,  and  to  e.m 
sider  them  in  connexion  with  the  circumstances 
und(  r  which  they  were  framed.  The  articles  which 
relate  particularly  to  the  (piestion  under  discussion 
are  the  1st,  3d,  5lh,  and  Gth. 

The  ht  arii(  le  provides  that  "  the  buildings  and 
'  tracts  of  land  situated  on  the  northwest  coast  of 
«  the  continent  of  North  America,  or  on  the  islands 
'  adjacer.t  to  that  continent,  of  which  the  .subiects 

•  ofhis  nriuuinic.  Majesty  were  di.iiossesscd  about 

•  the  month  of  Aj.ril,  1789,  by  a  Spanish  oinccr, 
'  shall  be  restored  to  the  said  nntish  subjects. 

The  third  article  provides,  that,  "  in  order  to 
'  slreni;th(  n  the  bonds  of  friendship,  and  to  pre- 
'  serve^in  future  a  perfect  harmony  and  v'ood  un- 
«  derstandint;  between  the  two  contracting;  parties, 

•  it  is  a<:re(  d  that  their  lespeclive  subjects  shall  not 
'  t)o  disturbed  or  mole  d,  either  in  navigating  or 
«  carryin;:  on  their  fisheries  in  the  Pacific  ocean,  or 
'  in  tlu:  South  seas,  or  in  lauding  on  the  coasts  of 
'  tliose  seas  in  jilaces  not  already  occu))ied,  for  the 
'  iiurpose  of  canying  on  their  commerce  with  the 
'  natives  of  the  country,  or  of  making  settlements 
'  there;  the  whole,  sul  jcct,  nevertheless,  to  the  rc- 

•  striciions  specilied  in  ihe  tliree  following  articles. 

The  Sth  article  provides  that  "  as  well  in  the 
«  places  which  arc  to  be  restored  to  the  British 
'  subjects  by  virtue  of  the  first  article,  as  in  all 
'  other  parts  of  the  nortliwesi"rn  coast  of  America, 
«  or  of  the  islands  adjacent,  situate  to  the  north  of 
<  the  i)arts  of  the  said  coast  already  occupied  by 
«  Spain,  wherever  the  subjects  of  either  of  the  two 
«  Powers  shall  have  maile  settlei.ienls  since  the 
«in..nth  of  April,  17S9,  or  shall  hereafter  make 
'  any,  the  subjects  of  the  other  shall  have  free  ac- 
'  cess,  and  shall  carry  on  their  trade  without  any 
'  disturbance  or  molestation." 


tlons  in  "the  three  following  articles,"  one  of 
which  ia  the  sixth.*  .     ,        .  . 

1  now  pioeced  to  stixte  eertain  facts  in  respect 
to  this  convention,  and  to  draw  from  them  con- 
clusions at  which  1  have  arrived  with  some  difii- 
dencc.  The  facts  1  shall  endeavor  to  prcsen'.  with 
a  ri"iil  re"ard  to  accuracy.  If  my  conclusions  are 
I  erro'necnis",  the  better  jud;-mcnt  of  the  Senate  will 
correct  them;  and  I  shall  have  the  consolation  of 
reflect  in"  that  my  errors— if  they  shall  prove  such- 
have  led"to  the  discovery  of  truth,  which  1  am  sure 
is  the  "rcat  object  of  evory  Senator  op  this  floor. 

The"  first  article  vas  practically  inopcrauve, 
from  a  total  nisapprchension  of  the  facts  which  it 
supposed.  There  is  no  evidence  that  subjectt  of 
his  Britannic  Majesty  had  been  dispossessed  of 
buildings  or  tracts  of  lands  in  April,  1789,  or  at 
any  other  time,  by  a  Spanish  officer.    Inthemca- 


The  sixth  article  relates  to  the  eo.ist  of  South 
Ameri>'a;  but  it  has  an  importani  e  in  containing  a 
definition  of  the  erections  whi<-h  may  be  made,  i 
confining  them  to  such  as  may  .serve  the  purposes 
of  fishini,';  and  the  provisions  of  the  third  article 
are  expressly  declared  to  be  subject  to  the  rcstric- 1 


-On  thn  Ist  of  March,  Irti'.,  Colonel  Benton  mmle  iin»M« 
KlHccli  ill  the  S«  imte  of  the  I'nitcil  Stiitei,  in  liivor  of  Uie  oc- 
cupation of  Ih.'  Orci-on  (Coliiinhin)  river.  In  thi"  »peech 
heVxnn.incI  the  trciity  of  the  Escnrii.1,  (the  Noo  ka  Aound 
f.mv.nlioii,)  nn.1  insisted  that  it  wao  proved  by  its  tcrmi.  tc 
he  ••  a  treatv  of  ronce.sioii,  and  not  of  acquisition  of  nijhti  on 
the  part  of  Gre.1t  Hr 'ain,"  and  "  that  tlic  permission  to  la-nd 
niul  to  make  scul,  -nts,  so  far  from  contemplaung  an  BC- 
•lUiMtion  of  tcrritot.,  was  limite.:  hy  sulwcqiicnt  rcstricuons 
to  the  erection  of  tcniporarvhiiu  for  the  personal  accommo- 
d.ition  of  fishermen  and  traders  only.-  '•hcse  po*'Uon» 
were  enforced  in  his  araun.cnt  by  a  refore  ''' «"  ""f  <"""- 
Ih.ns  of  Mr.  ,"X,  i-nd  the  .idmissions  of  Ml.  Pitt,  when  the 
Noolka  Sound  controversy  was  under  discussion  in  the  Brit- 
ish I'arhaniei.t.  Tlie  following  are  some  of  the  passages  to 
which  he  referred :  .^        .     .    r        ^.i,,. 

"  Mr.  Fox  !  aid :  What,  then,  was  the  extent  of  o  ir  nghts 
<  before  the  convention,  (wliellier  admitted  or  denied  liy  Spain 
'  was.  of  no  r.msc.iuence,)  and  to  wliat  extent  v  ere  Uicy 
'  now  secured  to  us  >    We  pos-essed  i»id  exercised  the  free 

•  naviualio.i  of  tin-  Pacific  ocean,  without  restraint  or  limit- 
'  atioii.  We  possess.d  and  exercised  the  rirflit  of  ennT">f 
'  on  fisheries  in  the  South  seas  equally  unlimited."  "This 
'  estate  we  had,  and  were  daily  improving ;  it  was  not  to  bo 
'  discraced  bv  the  name  of  an  aciiuisition.  The  admission 
'  of  part  of  tliese  riulits  was  ail  we  had  obtiiintd.  Our  right 
'  belore  was  to  settle  in  aiiv  part  of  the  south  o'  northwest 

•  ec,  ^l  of  Ameiica  not  fortified  apiiiist  us  l)y  p.cvious  occu- 
'  nancy;  and  we  were  now  restricted  to  settle  m  certain 
'  places  onlv,  and  under  ceruain  restrictions.  Phis  was  an 
'  iniportant'eoncession  on  our  part.  Our  nghu  of  fishini 
'  evtcndcd  to  tlie  whole  ocean ;  and  now  it  w.w  limited  and 

•  to  he  <'arried  on  within  certain  distances  of  Uic  Spanisti 
'  scltli'ments.  Our  riaht  of  making  settlements  was  not,  as 
« now,  a  iuhi  to  build  huts,  but  to  plant  colonics  if  we 
'  thoiiaht  proper.  Surely  these  were  not  acquisitions,  or 
'  rather  conquests,  as  tliev  must  be  considered,  it  we  were  to 
'  iud'e  bv  the  triumphant  language  respecting  them,  but 
'gr<atand  important  concessions."  "By  the  third  article 
'  we  are  authorized  to  navigate  the  Pacific  oeeai  and  SouJl 
'  seas,  uuiiiole.tcd,  for  the  purpose  of  carrying  on  our 
'  fisheries  and  to  limd  on  the  unsettled  coa.sM  for  the  pur- 
'pnscoftmdingwith  the  natives;  but  alter  this  pompom 
'  recognition  of  right  to  navigation,  fishing,  and  commerce, 

•  c(e-.r.s  another  a.tiele,  tlie  sixth,  which  lakes  away  the 
'  rig.ii  f  laiidiu",  and  erecting  even  temimrary  huts,  for  any 
'  purpose  but  that  of  carrying  on  the  fishery,  and  aniounU 
'to  a  complete  dereliction  of  all  right  to  settle  in  anyway 
'  for  ihe  purpose  of  ooinnierce  with  the  natives."— .Bnft** 
Parliamentani  Hisfony,  vol.  2^,  p.  990. 

.Mr.  Pitt,  ill' reply,  did  not  di'uy  the  accur.icy  o  this  con- 
struction of  the  treatv  as  to  settlements  .and  erections.  But 
he  nviiiitained  "that  though  what  this  country  (Great  Bnt- 
'  ain)  hn('  gained,  consisted  not  of  new  lights,  it  certainly 
'  dill  of  new  a.lvantages.  We  had  before  a  ri"ht  to  Uie 
'  southern  whale  fishing,  and  a  right  to  navigate  and  carry 
'  on  fisheries  in  ihe  P.icific  ocean,  and  to  trade  on  the  coast 
'  of  anv  part  of  Northwest  America ;  but  that  right  had  not 
'  onlv  not  been  acknowledged,  but  disputed  and  resisted  ; 
■  whi're.as  by  the  convention  it  was  secured  to  us--a  cir- 
«euui>t.iiioo  which,  thoujli  no  new  right,  was  a  new  ad- 
'  vantage."— B.  page  lOtS.  . 

This  Biibjeet  has  recently  been  further  illiistratt.-'  in  a 
close  and  well-reasoned  argument  by  Mr.  Owen,  of  Indiana, 
in  the  House  of  Reprebcntalives. 


r-v    r 


\i 


6 


U^  of  the  nri'isli  Kinn;  to  Pnrlinmcnt,  and  in  thr. 
earnest  (li.ttMiRxiiiii.s  hrtwcrn  the  iwo  c(  untrii.i  in 


'  I 


rennccl    to    tlic   seizure   of   tin;    Drilish   shi.is,    I 
find  no  mc.ition  of  iu>li  dispn.^.stssion.     Wlicn 
Vancouver  wn:.  sent  out,  in  1793,  to  receive  iwy- 
■ession  of  the  luiildin^'s,  iVc.  lo  be  rerton  'I,  none 
CouIJ    bt    found  exeepiin^  those   en  cttd   \>y  ilie 
Spaniards.    No  Imildins;  ocrupird  by  Driiisji  sub- 
jects remained  lU  Nootlta  in  l1H<i,  wh.ii  AFaninrz 
arr.vcd  there;  and   it  wan  driiicd  by  thir  Indians 
that  any  trncts  of  land  hid  been  ceded  to  Hiitinh 
subjcrts.     In  fact,  th.re  were  no  trai  es  of  tjio  oc- 
cupancy  which  the  ariii-le  supposed.     Thi^  only 
pretence  of  a  cession  of  lenitory  of  whiih  tl,.  re 
was  any   evidence,   was   the  right  lu-rpiind    \>y 
Mcares,  wlule  actio;;  in  tlie  name  of  r.  Portiii^uisc 
citizen,  and  .saihno;  under  llic  lla":  ol  Portuijal,  to 
occupy  temporarily  a.  very  small   lot,  whi^ch  h.; 
himself  ndmits  he  had  ajjrccd  to  rchtorc  when  lie 
should  leave  the  coast. 

After  a  long  controversy  on  this  subject  between 
Vancouver  and  Quadra,  the  Siiacish  eonini.inder 
at  Nootka,  tl\e  former  departed  without  receiving 
any  restitution  of  buildin;;,'s  or  i,:nds,  and  the  sul^ 
ject  was  referred  to  their  respective  Goverrnient.s. 
In  1796,  Captain  Brought-n  arrived  at  Nootka, 
and  found  the  j  lace  unoccupied.  (See  his  Voy- 
age of  Discovery  (J  the  North  Pacific  Ocean,  paijc 
50.)  lie  nowhere  states  that  he  was  .sent  oiit 
witii  in.structions  to  adjust  the  ditSruiiy.  Hut  he 
says  he  was  informed,  by  letters  left  with  Ma(iuin- 
na,  the  Indian  King,  iliat  "the  Spaniards  had  de- 
livered up  the  port  of  Nootka,  Ac,  to  Lieutenani 
Pierce,  of  the  marine.'!,  aijrccably  to  the  niocje  of 
restitution  settled  between  the  two  CouU.>s."  Bui 
there  is  no  proof  of  such  restitution.  The  -nly 
authority  relied  on  to  show  sach  a  restitution,  is 
one  recently  produced  by  ;!ie  London  Tiiucs.  I 
allude  to  De  Koch,  vol.  1,  page  1:20.  He  .says: 
"  The  execution  of  the  convcntioti  of  the  28ih 

•  October,  1790,  [the  Nootka  convention]  expc- 

•  ricnced   some  diinci'lties  which    delayed  it   till 
'  1795.     Tliey  were  terminated  the  23d  of  Marcli 

•  of  that  year,  on  the  sjwt  itself,  by  the  Spanish 

•  Brigadier  Alavaand  the  EiiglisliLieutenant  Poarn, 

•  who  exchanged  declarations  in  the  bay  of  Noot- 

•  ka,  after  which  the  Spanish  fort  was  destroyed; 
'Die  Spaniards  embarked,  and  the   Eii^'lisli  Hag 

•  was  planti  d  there  in  sign  of  possessioii."* 

De  Koch  has  the  reputiition  of  being  accurate; 
but  there  is  certjuiily  one  er;'or  in  his  st.Ttement.' 
There  was  no  such  name  a.s  Poara  in  the  British 
Registers  of  that  year.   He  doubtless  m.;ant  Pierce. 

In  opposition  to  this  testimony  of  a  foreio-ri 
writer,  we  have  the  assertion,  twice  repeated,  of 
the  British  historian,  Belsham,  that  the  Spanish 
flag  at  Nootka  was  never  struck,  and  that  the  place 
was  virtually  relinquished  by  Great  Britain. t     If 

*  See  Hi^toire  AbriTg^e  cU  s  Tr.iiuSM  Uc  I'aix,  &c.  par  .M 
de  Koch,  coiitiiiu^,  Sic.  par  F.  .-^oliocll. 

"  L'exdoutioii  de  \n  convoiuioii  dii  a'l  Octohre,  1790 
«prouvn,  au  reste,  do--  diiricult«?s  .]iii  \:i  retarddrcnt  jus(|ii'eii 
179.).  EllBH  funnt  i.  rniinees  I,;  ii')  .Vl.irs  de  eetto  aniiee,  sur 
les  lieux  ni6ni(^s,  pur  le  Uri<-:i(Utr  Ks|)iisiiol  Alav.i,  et  Ic  Lieu- 
tenant Ani-lois  P.iara.qui  <;cliangerciit<i(-..id,clarali()iisdani 
le  golfe  de  Nootka  memo;  iipres  que  lo  fort  F.^pa.'ui.l  fut 
ra-i*,  les  Ksnacnols  sVnibanpierent,  et  la  pavilion  Aiiglais  v 
rut  plante  en  eigne  de  po.ssession." 

f  "It  is  certain,  nevertheless,  from  the  most  authentic 
tubseqiient  intorniiiiinn,  that  the  Spanish  H.tz  tlyin?  at  tlie 
ton  and  scttieniviit  of  .N'uutka  waa  never  suuvk,  a...i  liiul 


j  an-  restitution  waji  ever  made,  the  evidence  must 

,l»e  111    the   i)o.<i.'.csNion   of  Cf-eat   Britain.     Seilor 

]  Uuadra,  in  I7l»:»,  ollcr.d  to  give  Vancouver  pos.ses- 

sion,  resc  rviiig   the   ,ij,|,u  of  sovereignty  whieli 

»|)iii:ipo.t.stHscd.  There  may  have  been  11  r.stitii'ion 

wi'h  such  reservation;  but  if  th.  re  is  any  evidence 

I    ft  restitution,  why  hus  it  not  been  produced  by 

the    Hriti.^h    ne-otiators,  or   at   h  ist   referred  to? 

>V  here  are  the  declarations  uk  iitic d  by  De  Kocli 

as  having  I.een  exchanged  ?  Why,  I  repent,  has  the 
evidence  not  been  produced?   Probably '..ecause,  if 
there  IS  any  such  evid-nre,  it  must  prove  a  condi- 
tio;ml  and  not  an  abs.dute  mnrejuler— sui h  a  sur- 
render as  she  is  unwilling  to  sho  ,v_n  surrender 
rcservin."'  to  Sj.ain  iier  rights  of  sovcrci-nty.     If 
there  w.is  .•;  restitution,    nd  she  nos.se.ssis'  the  evi- 
dence of  It,  she  probably  secretes  it,  as  she  secrc;.  d 
the  nia])  of  the  iiortheaslerii  territory  with  the  red 
iiie,  because  .t  would  have  been  a  witness  against 
licr      When  Vancouver  went  out  in  I71<^:,  he  <ar- 
I II  d  mi  order  from  the  Spani.sh  Govenunei.t  t'   the 
connnander  at  the  port  of  St.  Lawrence  (Nootka) 
to  restore  the  buildinjss  and  districts  or  parcels  of 
;;nd  w_l:ich  were  "occupied"  by  the  subjects  of 
Great  Drit;un  at   No(,tka  iind  Port  Cox,  and  of 
"which  tlie  English  subjects  were  dispossessed." 
Q.uadra  rcfu.sed  to  execute  it.    No  occu[)ati(ni— no 
I  di.-possession  was   proved.     The   treaty  did   not 
nainc  Nootka  or  Port  Cox.     auadra  eouNidciod, 
doubtless,  the  o.-cupalion  and  disposhe.-..sion  as  facts 
to  !j?  piv.ed.    Though  the  treaty  was  absolute  in 
its  terms,  its  execution  depended  on  a  co.ningcncy 
assumed  to  have  happened— a  cuntiii-ency  to  be 
sliovvn.    In  the  absence  of  any  such  j.roof,  we  have 
a  ng.it  to  insist  on  the  evidence  of  a  restitut.'m, 
lull,,  foriiial,  unconditional,  alisoiute.     Brought  »n, 
111  I79f;,  says  tli<!  restitution  was  made  agr'  ably 
te  the  mod-  "  sei.led  between  the  two  Courts.'' 
This  was  a  mode  .settled  on  the  reference  of  the 
sunject  to  the  two  Governments  after  the  refusal  of 
Uuadra  to  surrender  Nootka  to  Vancouver.    Vun- 
eoiiver,  in  his  Jour.ial,  vcd.  fi,  pn?e  118,  .-ays  that 
on  the  laih  September,  1791,  Si  iior  Ahiva  told  him 
at  Monterey  that  the  matter  had  been  adjusted  by 
their  respective  Courts  'iifar/i/ on  the  terms"  which 
ho  (Vancouver)  had  repeatedly  oCeied  t)  Q,u.idra. 
Even    this   statement,   coming  from    Vancouver, 
shows  that  (here  was  a  new  agreement  between 
th.-  Courts.    What  was  the  ngree'iicnt.'    We  have 
a  right  to  call  for  its  production. 

Such  was  the  practical  execution  of  the  first  arti- 
cle of  the  Nootka  Sound  convention.     One  fact  is 
und-ni:i'ile.    Great  Britain  never  occupied  Nootka 
From  179o  to  tho  present  day  no  attempt  has  been 

j  the  wnole  territory  has  lieen  virtually  rohlnqiii-hed  by  Great 
'  nrit.iin— a  measure,  howi'ver  politically  expedient,  whieli 
HuiilveH  in  it  a  ,.evere  relhrtion  niion  ;lir  Minister  ulio 
ciiiild  prrniit  so  insidious  an  enrroaelinient  upon  the  ancient 
and  aeknowledired  right.s  of  Uie  Crown  of  ^pnin."— lid- 
x/inm'i  Ilisloni  of  Great  Hrilain,  rol.  f,  fii:-e  :t:t7-';!  <. 

'•  I.Mit  thmisii  hna'anil,  at  llie  exixnse  of  threi-  millions, 
extorted  from  the  <pani,irds  ,a  promise  of  restoration  and 
reparation,  li  is  weli  .iso,.rtained,yin<,  Ihatth.'  setllcroiitin 
qui'stioii  never  was  ri'slorcil  by  Sp,iin,  nor  llie  .Spanish  iLi-r 
at  N'ootka  ev<'r  struck  ;  anil  sccondlo.  that  no  settliin<iit  has 
even  Imen  subsequently  auempted  by  Enuland  r.n  llie  Cali- 
fornian  coast.  The  elaiin  of  riaht  sel  up  by  the  Court  of 
London,  it  is  therefore  plain,  hr-s  be.'n  virtually  abnndonetl,  • 
tiotwitlistandini,'  the  menacing  tone  in  whieli  the  Migotijition 
was  coiidiicierf  by  the  Hriti>li  administration,  win  cannot 
e-eape  some  censure  for  encouracins  ll'.ose  vexatious  en- 
eroachnients  on  the  territorial  riuhls  of  .Mpain,"— W'&Aam't 
IluUry  ij  Great  Britmn,  vol.  H,  'Appendix,  ya^c  40,  41. 


9 


rr.ndo  to  rrocru]  y  it  l>y  rivilizrd  mm.  Caiitain 
Helclirr,  n  IJrilish  iinvul  ntfii'cr,  vij<'t<'d  iho  jil.ii'"  i;i 
1H37,  V  liilu  iniikiiii;  u  voynj^n  roiiiid  ilu,  wnilJ.  I.' 
Iiin  nivirulivo,  p!i>;c  11,3,  vol.  1,  lie  snya: 

"  .\<»  vrsiiuf  rcrnainit  of  the  i«eill<nu'nl  nnti<'<'(l 
'  liy  ViincouNfr,  nor  could  !  ditrtTn  on  tln'  Riif  ol' 
'  llic  S|ii\niN|i  liiitii  ry  the  Nli^litcst  liai-c  of  stuiir.s 
'  ciil|)loyf(l  for  hiiildiri!;.     Tlie  cliiffn   |ioiiiiod  out 

*  wlirre  'heir  hou«r.i  stodd,  ami  when   the  potiitofs 

*  irrcM ,  !)iit  iwii  n  irin-c  ^■.lllaill^^  of  ii  Kuropcaii." 

Tl:e  ijiird  arlitlo,  Ijcsidrs  .sti|iiilnlin;r  for  an  iin- 
'>K>l(sti'd  I'lijoyiilfiit  of  tlw  li^lit  of  ii!ivit;atiti:j  and 
fishin:;  in  the  I'acitir  'uul  S.iiilh  Sunn  and  iandiri!; 
on  the  coa.st,  coiiri'dcd  in  cxpir.xM  It-rnis  .  •!  <•  .sulj- 
jccls  of  l>otli  nations  ilir  riirlii  to  form  .'•  rmrnLs 
in  plai'i'M  not  .ilrcady  orcupit'd;  but  tnis  rii^iit  was 
sul)j«'ct  to  the  rr.'<lni'lionH  of  tlio  three  fo"ovvin}j 
urtirlfs,  one  of  wliicli  wu.i  to  limit  I's  exercise  t(. 
tl'c  parts  of  till!  roast,  or  tlir  islai  adinc'tlt, 
!  rill  of  tlio  pnrl3  nirtady  orcupied  by  S,.«iii.  It 
had,  liy  tlic  terms  of  the  compact,  no  application 
whatever  lo  part.s  of  the  coa.st  of  Norlli  America 
^4l)utll  of  the  jilacts  occupied  liy  Spain  at  the  time 
the  t'-eaiy  was  mnde.  The  inijioitant  (luestion 
arisi  s,  what  was  the  nio.t  >  orllicrn  point  occujiii^d 
by  Spain  in  171)0  ?  This  becaim:  a  matter  of  dis- 
a<;reement  b'tween  the  Spanii'li  and  rintish  author- 
ities at  a  very  early  day  after  the  No(.tka  Sranu 
coiiienlioii  was  foinn!(l.  Vancouver  e'aimtd  not 
only  1. 10  whole  of  Xootka  Sound,  l<".t  I'.l.so  Port 
f'ox,  NO'iih  of  it;  and  he  insisted,  I.)  uho  hia  own 
pliia!<ei>lo;;y,  lliat  "  the  northernmost  spot  oii  tiie 
'  Paiifio  coast  of  America,  occupied  by  the  Spaii- 
'  iards  previous  lo  the  mouth  of  May,  17i^!),  v.-i>s 
'the  I'residioofSan  Francisco,  inlalit'i  dc  3*<^4f)'." 
rs'iiw,  it  will  be  observed  that  ail  atleiiipl  was  made 
to  ^ive  to  the  X'  oil;a  Sound  '■oiivention  n  con- 
Mnieiion  wholly  uiiwari'anled  by  iis  trrins.  Van- 
couver endeavored  to  fix  the  month  of  A|ril,  )7r  J, 
as  the  time  when  the  cpiestion  of  the  most  norlheni 
Occupation  of  Spain  was  to  be  settled.  The  Ian- 
iruaije  of  the  cinvention,  in  respect  lo  the  riijlit  of 
formiiiLj  selllemenls,  is,  "  north  of  the  parts  of  ihe 
Said  coast  a'rcaily  occupied  by  Spain;     fixinij  the 

time,  a lidne^  to  every  just  rule  of  i  onslruclion, 

at  the  dale  of  ij-.e  treaty,  tlieljf^th  of  October,  17".M(. 
This  conslrueiion  is  strenu;theiied  liy  the  fact,  that 
a  KubseijMint  article  concedcr,  the  riL;ht  of  fnrmiiiij 
tem]>orary  eslablishmeius  on  the  coast  >if  Soulli 
Aiiierica,  south  of  parts  "already  occuiiied"  by 
Spi  ii),  and  'eferriiii;  indisputably  to  the  date  uCiIh' 
tiv,  ty.  The  words  "already  oci'n]iied"  am  the 
same  in  both  articles,  and  they  tnust  be  considered 
as  rtrtr:'iiJ:;  to  tli';  sninc  period  of  time. 

The  rpiestioii  then  rears,  what  WiwS  tlic  most 
northerly  point  occupied  by  Spain  in  October,  l7')0, 
at  the  conclusion  of  the  treaty  ? 

Martinez,  as  has  been  seen,  took  possession  of 
Nootkn  Sound  on  the  (iili  of  May,  Hr^il;  and  ini- 
me'Iiately  landed  materials  and  cannon  for  build- 
iiii;  and  nrmiii;;  a  fort  on  a  small  island,  at  the  en 
trance  of  Friendly  Cove.  In  Ni>vember  he  reti"'n- 
cd  to  St.  Bias,  and  in  the  srrina;  of  1790  Captain 
Elisa  took  his  place.  A  permanent  establishment 
Was  t'ormed,  vessels  were  sent  out  on  exjdoriiig 
expeditions;  and,  during  the  nesotintions  between 
Vancouver  and  Quadra  in  1792,  the  Spaniards 
were  in  pnH.=.eRsirin  of  hov.scs  .-md  cii!tiv.".trd  !;i!id;, 
Vancouver  again  found  them  in  possession  in  1793, 
under  Seiior  FidiJgo,  and  in  1794,  under  Scfior 


Sanvndra,  nml  tlie  po.H  yns  mainlninrd  without  in- 
terruption until  nrt.l.*  By  turning  to  pn:^e  33d, 
volume  '2,  of  Vancouver's  Jou'iud,  a  vic\«'  of  the 
S|)anish  cstabli.«hmcni  at  Friendly  Cov,  on  Noot- 
ku  Sound,  will  be  »cen,  frmn  n  sketch  tnkj.t  on 
the  8]'ot  liy  one  of  Vancouver 't  party,  in  Septem- 
ber or  Oi-tober,  1792,  and.  it  e.<hibii.4  ten  roofed 
l>uildin<;fl,  »vi'h  «evcml  enclomircs  of  cultivuied 
land.  It  also  exhibitH,  toliiliy  distinct  fioin  the8€ 
liuiils  and  buildiii'.'s,  a  cove  udjoiniii:;,  and  a  refer- 
ence lo  it,  staiinj;  that  it  iinlude.s  "  t!ic  territoriea 
wliii-h,  in  September,  1"92,  were  olTired  by  SfHiin 
lo  l,e  ceded  to  Ureal  llritaiii."  This  was  the  sito 
of '.he  hut  occupied  by  Meares,  mid  the  Spi.liish 
eonimandet  refused  to  make  a  formal  and  a!i'4olute 
surrender  to  Great  Uritiiiii  of  any  other  land. 

Thus  it  is  established,  by  proof  i.  it  to  be  im- 
peached, that  the  S])ani:irds  \ci  re  in  the  occupation 
of -I  post  at  >footk  I  .Sound  in  1790,  wliea  the  con- 
vention was  nes;otiated  iiid  concluded;  and  I  sub- 
mit, tlier«fore,  whether  thi.^  n.ust  not  bi;  regarded 
:;s  the  southern.limit  of  the  region,  within  which 
the  rii^lit  of  t'ormin:;  scttV  lents,  .•ecof;nised  or  con- 
ceded by  tl.3  conve'Moii,  was  to  lie  exercised. 
This  point  was  sirenuously^and  persevcriiiL^ly  in- 
sisted on  by  (Inadia  in  h's  ne'.,folia'ioii  with  Van- 
couver, and  with  ebvK.us  justice.  To  use  Van- 
<:oaver's  own  laiii;iia2;e,  jia'^jc  342,  2d  voli'iriC  of 
his  .Tournal,  Quadra  observed  thai  "  Xoolka  ought 
'  to  l)e  the  lust  or  most  northwardly  Spanisli  set- 
'  tieiiieiit;  that  iliere  the  dividini;  li.ie  should  be 
'fixed,  and  that  from  tlieucc  to  the  northward 
'  should  b('  iVee  for  eiitniiice,  use,  and  commerce 
'  to  both  I  nitii's,  rnnt'r.nimbly  with  the  fifth  !irlicle 
'  of  the  convention;  that  establishr.u'iils  should  rot 
'  I'c  formed  without  peruiisshui  of  the  respoctive 
'  Courts,  and  that  the  Kiv^'lisii  si  ould  not  nn.ss  to 
'the  Moalh  of  Fiica.  '  Such  was  Quadras  con- 
struction of  the  treaty;  and  he  uiiit'ormly  refused  to 
mak"!  anv  formal  surrendiT  of  territory  or  build- 
in;;:',  exceplin;:  tlie  sm.dl  cove  referred  to.  Noot- 
ka  Scmiid  is  midway  bi'tween  the  49th  and  .50th 
|iarallel.>  of  latitude;  and  south  of  tliis  point,  if 
Quadra's  position  was  will  taken.  Great  Britain 
could  "laim  no  riirht  by  virtue  of  the  convention, 
tliouu:h  it  wi'i'e  siill  in  force. 

That  Gieat  Britain  vould  have  had  the  right, 
under  tin  convention,  at  any  time  during;  its  con- 
tinuance, ti>  form  a  temporary  cstaDlishment  on 
any  part  of  tlie  northwest  coast,  north  of  the  Span- 
ish post  at  Nootkn,  will  not  l)e  disputed;  though  it 
wo;)ld  have  been  subject  to  the  riglit  of  free  access 

'  Vniicouvcr  iirrived  at  Noolka  Sniind  on  the  20Ui  .  .ay, 
179:1,  ami  loiiml  tlic  SpiiMianU  in  pcisses.-ion.  lie  says: 
••  .\ii  iiircer  wiiH  iniriii'diately  despatclieil  on  whore  to  ac- 
•inaint  Seiior  Fiilr.leo  ul'Diir  arrival,. iiid  limt  I  would  .alu.o 
tlie  liiii  it'  lie  v.iiii!  1  make  an  ijiial  reiiirn  ;  lliis  was  aceord- 
inalv  ildiie  Willi  'li'v  i  guns." — fancouter's  Journal,  vol, 
3,  i-'iKC  M-}. 

Vaneimver  arriv  I  ,it  \iintka  Sound  on  the  .•:'h  of  Ooto- 
iier,  I79;J,  and,  to  u-f  liiw  own  word.;,  '•  lie  u.-iual  c  'lemonies 
ol's.ilutes.and  oili.Tl"iiriiialili«w,lKiviii;.'p.'><sed,accuiii|ianied 
liy  .Mr.  I'lnjit,  I  waited  on  Seii  ir  Saavadra,  the  commander 
of  the  post  '■  — Io(. -1,  pa^c  Cj^'J. 

\'aiicoiivi.T  arrived  at  \ootka  Si  iind  or.  »'  e  2d  September, 
IT'Jl,  and  found  I  rijipidi  r  Geiiernl  Alava  :i  command.  lie 
lell  witlioiit  .esiiniinB  th.'  »!epotiation  which  I'e  had  com- 
niiiiced  wilhUna,  :i,inliy2.  On  ihe  li!tli  November,  1794, 
li.'  \\  as  iiiriirined  by  Gensral  Alava,  at  Monterey,  whore  Oiey 
met,  ftiat  inslrn<?lions  had  been  sent  to  adjust  tho  matter  in 
an  aniiealib'  w:iv.  and  iie"rly  on  thejernis  which  lie  (Vnii- 
ci;nvi'r)  had  repcntediy  oli'.'red  to  Senor  tiuadra  in  Septem- 
ber, HI'S.  Hut  of  this,  .IS  has  been  seen,  tlieru  is  no  tsatis- 
factory  evidence— Sec  6(A  wlumc,  jjogc  118. 


If 


ill 


1 1 

T      : 


1 1 


10 

and  trade  reserved  to  the  subjects  of  Spain.  But  i  informed  by  him  that  he  had  "  been  off  the  mouth 
she  neglected  to  assert  her  riglit.  She  formed  no  of  a  river  in  the  latiiiide  of  4G°  10',  wliere  the  out- 
selticments  in  pursuance  of  the  convention;  and,  in  I  set  or  relhix  was  so  great  as  to  prev(  nt  his  entering 
1796,  Spain,  by  ded  iring  war  against  her,  put  an  '  for  nine  ditys."  And  Vancouver  adds:  "  Tlii:-.  was 
end  to  the  treaty,  a^freeuljly  to  tlie  acknowledged  j  probably  the  opening  passed  by  us  on  the  fore- 
principle  of  international  law,  that  the  permanence  noon  of  the  27tn,uiid  was  apparently  inaccessible, 
of  treaty  stipulations  can  only  be  secured  by  ex-  |  not  from  the  current,  but  from  the  breakers  thai 
press  agreement,  and  that  without  such  an  agree-  ,  extended  across  it." — Vol.  2,  page  43.  JVotwith- 
ment  they  cease  to  be  binding  on  the  occu.rencc  ■  standing  this  communication  by  Uray,  Vancouver, 
of  hostilities  between  the  contracting  parties,  unless  '  relying  on  his  own  exaininalioin,  still  remained 
there  is  something  in  the  nature  of  the  questions  '  of  ihc  oiiininii  (and  he  so  lecnnls  it)  that,  "  if  any 
settled  which  is,  of  necessity,  permanent  and  final.  ,  inlet  or  river  should  be  found,  it  must  be  a  very  in- 
Having  failed,  then,  to  make  any  settlement  on  the  j  tricate  one,  and  inaci'essil)le  to  vessels  of  our  bur- 
coast  from  1790  to  1796,  all  rights  conceded  by  the  '  den,  owing  to  the  reefs,  broken  water,"  &c.;  and 
convention  ceased  with  the  declaration  of  war,  |  he  eonchiiles  that  he  vvas  "  thoroughly  convinced" 
by  which  it  was  terminated.  From  that  time  f(  r*h,  that  he  could  "  not  possibly  havc^pa.ssed  any  safe 
Great  Britain  stood  in  precisely  the  same  relation  j  navigable  opening,  harbor,  or  place  of  security  for 
to  Spain  as  ihougli  the  convention  had  never  been  sliijiping  on  this  coaxt,  from  Caiie  Mendr)cino  to 
formed;  and  in  order  to  establish  any  claim  she  '  the  j)ro.no.itory  of  Clasct,"  the  entrance  of  the 
may  advance  to  territoilul  rights  on  the  northwest  ,  Strait  of  Fuca. — Vol.  'J,  pages  58  and  59.* 
coast,  she  must  resort  to  those  jreneral  rules  found- 
ed upon  discovery  and  occupation  w-hich  were 
briefly  adverted  to  at  the  commencement  of  my  re- 
marks. 

I  will  not  discuss  the  question  whether  tiic  trea- 
ty of  the  Escurial  was  revived  by  the  treaty  of 
Madrid,  in  1814.  I  coiisider  it  put  at  rest  by  the 
able  argument  of  the  American  negotiator,  Air. 
Buchanan. 

Let  me  now  revert  to  the  progress  of  discovery 
and  exploration,  which  I  was  briefly  sketchinir,  and 
which  was  interri:pied  by  the  events  of  the  ^Nootka 
Sound  controversy. 

In  1769,  the  American  sloop  Washington,  com- 
manded by  Captai.i  Gray,  who  at"ier\\.Trds  discov- 
ered the  Columbia  river,  entered  and  .-mailed  fifty 
miles  in  the  Strait  of  .Tuan  de  Fuca.  !V1  cares,  in 
his  narrative,  describes  a  v<iyagc  oy  the  Washing- 
ton entirely  through  the  strait  to  the  north  of  the 
islands  of  Ciuaflra  and  Vancouver,  and  thence  into 
the  Pacific.  If  such  a  voyage  was  ever  made,  it 
must  have  been  under  Captain  I'lendriek,  who  wa:--, 
at  another  period,  in  the  command  of  tliat  vessel : 
for  Gray,  when  he  met  Vancouver  in  179'i.  said  it 
■was  not  made  by  himself.  Hut,  be  this  as  it  may,  it 
is  certain  that  the  Washington  was  the  hrst  vessel 
■which  pcnetrate.l  the  strait  Icyond  its  ninutb  titter 
its  discovery  by  De  Fuca.  A  subsequent  exami- 
nation ■was  made  in  1790,  as  high  as  [^{p,  by  order 
of  the  Spanish  commander  at  Xootka  Sound;  so 
that  its  shores  were  well  known  in  their  general 
outlines  before  the  examinations  made  by  Van- 
couver two  years  afterwards. 
.  In  1792,  Vancouver  arrived  on  the  northwest 
coast,  with  instructions  to  examine  and  survey 
the  whole  shore  of  the  Pacific  from  the  .3.")th  to  the 
60th  parallel  of  latitude,  and  jtartirularly  to  exam- 
ine "the  supposed  Strait  of  Juan  de  Fuca," 
"  through  which  the  sloop  Washington  is  report- 
ed to  have  passed  in  1789,  and  to  have  come  out 
again  to  tlie  northward  of  Nootkn  "  Ht  parsed  the 
month  of  the  Columbia  river,  which  he  considered 
as  an  opening  undeserving  of  "more  attention," 
and  came  to  the  conclusion  tliat,  between  the  4()th 
and  48th  parallels  of  latitude  the  rivers  which  had 
been  described  "  were  reduced"  (I  use  his  own 
■words)  "  to  brooks  ii.saflicient  for  our  vessels  to 
navijjate,  or  to  bays  inapplicable,  as  harbors,  for 
refitting."  On  the  29th  of  April,  he  met  Cantain 
Gray,  m  llic  ship  Ooluuibia,  Uoai  Boston,  tuid  wa^ 


*'J'iie  fdllcuviii!;  rvtrHols  I'rdiii  Vaiicijuvcr's  Voyage  illus- 
trati'  iimrc  I'ullytlic  po.-iiir.ns  iiysiiiiicd  in  the  ti'xt: 

"(III  llic  Fdinli  !-i(li'  (if  tills  priiiimiitciry  was  ilie  appi'.ir- 
aiiC(Mifitii  iiilt  t  or  siiinll  rivrr,  the  laiiil  bi'luiiil  not  inili- 
catini;  it  tii  lir  (if  aiiy  f;r(at  i\ti  lit;  imr  iliil  it  siciii  a(■^•l■^sl- 
lilc  (iir  vessels    ol'  our  liiiiiliii,  ii8  llie  breakers  e\t.|iihil 

I  iVdin  tlie  aliDVe  [Hiiiit  two  or  three  miles  into  the  oeeaii,  uiiul 
they  joiiKcl  til  ise  on  the  hi  aeli  nearly  tour  hauues  liirther 
smith.'" — J'.mroKiC)  ■»  Jourii  :l,  vol.  'J,  page  31. 

I      'I'his  lie  states  to  Le  in  10°  19'. 

I  "  The  sea  had  now  ehaiiireil  from  its  natural  to  river- 
colored -.ater;  the  prol'.ilili;  eoiisei|Ueiiee  of  soe.e  .streams 

;  falling  into  the  h.iy,  or  into  the  oeean  to  the  north  of  it, 

I  lliniiiyh  the  low  land.     Ndt  eoii>ideriii:;lliis  opening  uortiiy 

I  of  more  attention,  1  eonlniuwd  our  pur.-  lii,"  Ste Ihiil. 

I  •'  The  several  lar^'e  rivers  and  eapaeioiis  inlets  that  have 
been  de.-erilied  as  disehargiiig  their  eoiiteiits  into  the  l'[eili<', 

I  heUveeii  the  fortieth  and  forty  ei.;litli  ilearecs  of  iiorlh  lati- 
tude, were  red  i<'ed  to  limoks  iiiMUlieient  liir  our  ve.-se|s  to 

.  naviL'ate,  or  to  bays  inapiiheahle,  as  harbors,  fur  ref  tiiiL." 

!  —IH,l.,  pa-.  41). 

j       '•  lie  [(  aptJiu  <;iay]  likewise  inl<irmed  them  of  his  liav- 

I  iiig  been  e|f  the  mouth  of  a  river  in  the  lalitiidi'  of  -1(1°  Iir, 
where  tlU'  outlet  or  reliux  w.x.i  so  strung  as  to  prevent  his 

'  ejitering  foi  nine  days.  This  was  prohiiMy  the  opening 
passed  hy  us  (jn  the  lorenoon  o!  the  -JTlluand  vias  apparently 
inaecis.-ihle,  not  'nun  tin'  eiirieot,  hut  frciiu  the  Ireaktii 
that  ivtended  aiTo-s  it."— /'.iW.,  paiie  4;). 

"The  tliiek,  rainy  weiUherpciinitliil  us  to  seeliltle  of  the 
country.  Vet  we  were  (  nabled  to  ascenain  Iluit  this  eoa-t, 
liki'  tliat  whieli  we  have  hitherto  e.xploied  from  (ape  JVIeii- 
doeiiio,  \va- tirm  and  eoinpaei,  without  ai.y  opening  intoilin 
mediterranean  sea,  as  sl.ited,  in  latiludi^  47'  4.');  or  the  lea>t 
appearance  of  a  sate  or  secure  harbor,  either  in  that  laliludi! 
or  from  it  to  Cape  !>Iendoeino;  tiotwiih>taiiding  that,  in 
that  sp;;ee.  geogra|iliers  have  thoUi;lit  it  e.vpedienl  In  fuiliisll 
many." — tliitl.,  pa;;e  41. 

Vaneouver  states  that  his  in<|Uiries  had  been  lately  em- 
ployed under  the  most  favorable  eireuinstanees  of  .vind  and 
we.ither.and  tliat  the  .-iirf  had  eonstaiith  hicii  seen  from  the 
mast-head,  lie  then  add  :  '■The  river  Mr.  tiray  inen- 
tioniil  should,  from  the  latitude  he  a-si^'iied  to  it,  have  ex- 
i-tenee  in  the  bay  Mintli  oft 'ape  lli>app  >iMnieiit.  This  wn 
passed  on  the  f  ireiioon  of  the  oTth;  .ml,  ui  I  then  oh^erved, 
if  any  inlet  or  river  should  be  foiiiiil,  it  must  be  a  very  in- 
tre  ate  one,  and  inaeeessible  to  vessels  of  our  burden, 
ouing  to  the  reefs  and  broken  valer  which  Iheii  appeared 
in  its  neighbnrliooil.  Mr.  (;ray  stat^  d  that  he  had  been  sev- 
eral days  am  inpting  to  enter  it,  wliieh  lie  w  as  unable  to 
efleei,  in  eoiisi  ipienee  of  a  vry  ;  troiig  outlet.  'I'his  iti  a 
phenoinenoii  dillieiilt  to  aceount  for,  as.  in  ino~t  eases, 
where  there  are  outlets  of  siieli  sirenutli  on  a  seaeoast,  there 
are  corresponding  tides  .ietting  in.  He  that,  however,  as  it 
may.  I  was  thoroughly  eonvineed,  as  were  al>o  most  per- 
sons of  observation  on  board,  that  we  could  not  possibly 
have  passed  any  safe  navigable  opening,  harbor,  or  place  of 
stciirity  for  shipping  (ui  this  coast,  from  fape  .Mendoeino 
to  the  pi'iinonl.uy  of  Classet;  nor  had  we  any  reason  to 
alter  our  opinions,  notwillistanding  that  theoretical  ge.ig- 
rapliers  have  thought  proper  to  assert.  ,n  that  space,  the 
eJLiiiteuuu  of  urmij  uf  Uiv  oceiui  euumiauicatiiigwitli  a  medi- 


11 


Only  ci^ht  d-ws  nfter  pMlinij  ivith  Vanroiivcr, 
Gray  discovered' Biilfimth's  ll;irl)nr,  lif-tv/ren  llie 
moulh  of  tlic  Coliimlii:\  and  llie  Strait  of  Fuca,  and 
remained  tlirec  days  in  it.    On  tlie  lltli  May,  179-2, 
the  day  after  lie  left  BiilP-.eU's  Harbor,  he  saw,  to 
use  his  own  words,  "the  entrance  of  our  desired 
port,"  and  in  a  few  hours  was  nncliorrd  in  "  a  lar<;e 
river  of  fresh  water,"  as  he  terms  it,  to  wliieh  he 
gave  the  name  of  the  Coluiubia.     He  remained  in 
the  river  nine  days,  and  sailed,  as  he  stul.^s,  more 
than  twenty  miles  up  the  channel  from  the  liar  at 
its  entrance.     Thus  was  verified  the  rtMijectuic  of 
Heecta,    who,   seventeen    years   berore,    saw   an 
openinjr  in  the  coast,  which   on  the  S[i  luish   maps 
was  called   the  river  St.  Roc.     Meares  and  Van- 
couver had  asserted,  in  the  most  positive  manner, 
their   conviction   lliat  no  such  river  existed;  yet 
■when  the  fact  was  clearly  ascertained  by  Cnpuiin 
Gray,  who  had  <;iven  copies  of  his  charts  to  Cluad- 
ra,  the  Spanish  commander  at  Nootka,  Vancouver, 
havius;  procured  copies  from  the  latter,  sent  Lieu- 
tenanr  I'rouirhton  to  examine  the  river,  and  take 
formal  possession  of  it.     Hrouo;hton  not  only  per- 
formed Itoth  these  services,  but,  for  the  purpose  of 
earning  for  himself  the  reputation  of  a  discoverer, 
he  laliined,  in  his  account  of  his  expedidon,  to 
rob  ("aiituin  Gray  of  the  merit  of  discovering  the 
river,  by  the  unworthy  device  of  drawins;  a  dis- 
tinction' between    the   bay  in  which   it  deoouches 
and  the  upper  part  of  the 'stream      Public  opinion 
has   rejected  this  unmanly  attempt;  and  Captain 
Gray  is  admitted  by  all  fair-minded  me.i  to  have 
been   the  first  person  who  entered  the  river  and 
solved   the  doubt  which   had  loiiij;  prevailed  with 
rei^nrd   to   its  existence,  while  Vancouver,  twelve 
days   bifore  the  discovery,  h<.d   not  hesitated  to 
deny,  "n  the  strength  of  his  own  jiersonal  exam- 
ination,   made    "under  the    most   favorable   cir- 
cumstances of  wind  and  weather,"  to  use  his  own 
Ian?-iia','e,  that  no  such  irreat  river  existed.     This 
attempt   on  the  part   of   Hrouijhton  is   the   more 
unmanly,  frni.i  the  fact  that  he  actually  entered 
the  month  of  the  Columbia  with  the  aid  of  Gray's 
chart.     I  am  disposed  to  acquit  Vancouver,  in  a  j 
j;reat  degree,  from  all  parlicipati<in  in  lh<(idiuni  of 
this  act.     The  account  of  the  examination  of  the 
Columbia  by  Hroii'j:hton.  contained  in  Vancouver's 
Journal,  thoui^di  in  the   Iaii2;ua2;e  of  the   latter,  is, 
in   fact,  a  report   made   by   Brouiihtoii,  the  coni- 
inander  of  tli-  party,  as  may  be  seen  l)y  reference 
to  the  Journal,  volume  3,   pa:re   K").    Vancouver 
mori;  than  once  recognises  Gray  distinctly  as  the 
discoverer  of  the  Columbia.    At  ]ku!;c  383,  volume 
•2,  he  expresses  the  hope  that  he  may  be  able,  in 
his  route  to  the  somhward,  to  "  re-examine  the 
coast  of  New  Albion,  and  paiiicularly  a  river  and 

tirrsiiienn  bo!»  aiitl  extensive  rivers,  witli  safe  and  ennve- 
niciit  piiit^.  Tlu's.'  idias,  nut  riiTivcd  from  any  s^ourcc  of 
sul)-liinnal  iiiliiiriiatiiin,  li;ive,  it  i-i  inndi  to  1)0  feared,  heen 
ailciplcd  I'nr  the  s(r|c  iiurposc  of  civini  unlimitiil  credit  to 
tlie  tradiliiiiis  mid  cxpliiil*  of  amiciit  foiriu'iii'is,  and  to  un- 
dcrvaliii'tlie  lalinriiiu-' and  cntcrprisins  exertions  of  our  own 
coiitilrj men  ni  tlie  ludilc  science  of  ditcovcry." — /6W., 
pa'je  .'»'(. 

Captain  firav,  it  appear?,  liad  also  made  discoverie.s  ns 
hi'-li  as  the  Morlliirii  l"iMiid:irv  of  the  tcrriliiry  in  dl.pinc, 
nnd  oven  lieycind  it.  Vanciinvei  says;  "  lie  liad  also  en- 
tered aiimlicr  inli't  to  llie  nnrtliward,  in  latitndr  .11'  '.W,  in 
wliicti  \\r  had  sailed  to  tie'  liititnih'  Df-'iB",  without  discover- 
ing its  trriniintlon."'— f'lV  ,  pa^i'  4:t. 

'i'his  was  pri)|ialp|y  what  is  now  linnwn  ni  the  Portland 
rannl.  I  havit  not  ajluded  to  this  fad  in  llie  tixl,  though  it 
rests  on  Van-'oiivcr's  rcimrt  of  KrayM  ftiiieincsiL 


n  harbor  discovered  by  Mr.  Gray,  in  the  Colum- 
bia, bctwe.:ii  ih"  4(ith  and  47lh  degrees  of  north  lat- 
itude, of  which  Senor  Cluadra  had  favored  me  with 
a  sketch."  At  paje  39.1,  same  volume,  he  savs 
he  directed  that  "  Mr.  Whidbey,  i.dting  one  of  the 
Discovery's  boats,  should  pro-ced  in  the  Daedalus 
to  examine  Gray's  Harbor,  said  to  be  situated  in 
latitude  46°  .'J3',  whilst  the  Chatham  and  Discov- 
ery explored  the  river  Mr.  Gray  had  discovered  in 
the  latitude  of  4GO  10-." 

The  explorations  o  Vancouver,  though  they  re- 
sulted i  ii  a  minute  and  critical  examination  of  the 
.shores  of  the  Strait  of  Fuca,  led  to  the  discovery 
of  no  new  territory;  and  it  is  e.  singular  fact,  that 
while  this  naval  officer  of  Gr<  at  I'-ilairi,  himself 
an  accomplished  navigator,  furnishi  i  with  all  the 
means  of  making  scientific  investigations,  was  pur- 
suing the  examinations  which  were  the  great  pur- 
pose of  his  expedition.  Captain  Gray,  in  a  trading 
vessel,  and  in  the  prosecution  of  commercial  ob- 
jects alone,  discovered  the  only  two  important 
openings,  the  Columbia  river  and  Bullinch's  Har- 
bor, on  the  northwest  coast,  from  the  40th  to  the 
48Lh  parallel  of  latitude,  where  Vancouver,  after 
the  most  critical  survey,  had  discovered  none. 

It  is  indeed  an  extn'iordinary  circumstance  that 
the  existence  of  all  the  great  inlets  in  the  coast,  to 
which  Great  Britain  now  lays  claiiri  on  the  ground 
of  discovery,  was  strenuously  denied  by  the  navi- 
gators in  her  public  service,  until  those  inlets  were 
discovered  and  made  known  by  others.  We  have 
seen  what  Vancouver  said  in  relation  to  the  coast 
between  the  40lh  and  48th  parallels  of  latitude.  On 
the  2-Jd  of  March,  1778,  Captain  Cook  was  in  lati- 
tude 48°  15',  inspecting  the  coast.  The  promonto- 
ry of  Classet,  (or  Cape  Flattery,  as  he  denomina- 
ted it,)  the  southern  cape  at  the  entrance  of  the 
Strait  of  Juan  de  Fuca,  was  in  full  view,  and  but 
a  few  miles  distant.  Hear  what  he  says  in  rela- 
tion to  the  stmit: 

"  It  is  in  this  very  latitude  where  we  now  were 
'  that  geographers  have  placed  the  pretended  Strait 
'  of  Jiutn  de  Fuca.  But  we  saw  nothing  like  it; 
'  nor  is  there  the  least  probability  that  any  such 
'thin"  ever  existed." — Cook's  Third  Voyage,  ool. 
2,  J).  5g3. 

Now,  however,  Great  Britain  claims  the  whole 
strait  and  the  adjoining  country  by  Vancouver's 
discovery,  though  he  himself  admits  (as  we  shall 
see)  that  the  Siiaiiiards  had  surveyed  and  mapped 
a  portion  of  it  before  he  arrived  on  the  northwest 
coast. 

In  the  letter  of  the  British  Plenipotentiary,  Mr. 
Pakeiih:im,  of  the  '29th  of  July  last,  the  following 
passage  will  be  found  at  page  67,  documents  ac- 
companying the  President's  Message: 

"  In  179-2,  Vancouver,  who  had  been  sent  from 
'  Enirland  to  witness  the  fulfilment  of  the  aboye- 
'  mentioned  cnc^asiemcnt,  [the  restitution  of  build- 
'  ings,  (^;c.,  at  INootka,  which,  as  has  already  been 
'  seen,  were  not  to  be  found,]  and  to  effect  a  survey 
'  of  the  northwest  coast,  departing  from  Nootka 
'  Sound  entered  the  Straits  of  Fuca;  and  after 
'  an  accurate  survey  of  the  coasts  and  inbts  on 
'  lioth  sides,  discover:Hl  a  passage  northwards  into 
'  '  the  Po<,ific,  by  which  he  returned  to  Nootka, 
'  having  thus  circumnavigated  the  island  which 
'  now  bears  his  name.  And  here  we  have,  as  far 
'  as  relates  to  Vancouver's  Island,  as  complete  a 
•  case  of  discovery,  exploration,  and  settlement,  aa 


J 


If 


12 


i 


the  distinguished  Liiti>^h  Plenipote'iliaiv  appears  ;  and  otlicr  purlicnlars  ndative  to"  the  inlet  of  the 
bHefl"v  ;;fen-;f;""  ^'  "■'  •''^"^''"'■''.'  ^^'l'  J^'";'"'"-'  '  -'"-  whi.hVontain.d  hIs,.  that  part  of  the  nei.'h- 
KLL     I  ''  r  exaniinat.ons   by  the  :  l.ormo-  coast  extending  northwVstward  from  the 

1.  m"  11-  .l,"  , ,  ^'"" -"^  '•  "^''^J^'/'y  Vai.couvt^r  ;  Straits  of  Ue  Fu.a,  bcyor  J  Aooti^a,  to  llie  latitude 


c  '     J  )i     ^.■.^.,       ...  ,.,,.^...^  ..,„ii   ii.iwirv.i     III     riica."       It  is  proven    Dv 

^red.U?r''y  1  '?^'''''''' 'J'- ^'■-'''' "'■■'"?'",'''■  '  "•'"  ""^  Spaniards  had  partially  «urvevrd""nnd 
gated  tl  c  isKuid  uluoli  hears  hi.s  nairie,  and  tlien  mapped  tiie  shores  of  the  str,ut  a.s  hi-h  as  .'iOO  a 
returned  to  Nootka.  feir  Vancouver  had  nev.'r  year  Ixforo  lie  arrived  on  the  coa.st.  And  if  we 
seen  Hootka  Sound  when  he  surveyed  the  Straits  '  turn  to  his  Journal,  vol.  2,  pa-e  339,  it  will  he  .snm 

A  n.  iw^  '■"^'^1    '""  ';"■''*"•'  "-^  "'*'.  -''•*'  "'' '  ""''  f^""'"""  ""'•  VnlJes  arrived  at  xNooika  on  the 

Apiil,  the  eveimi-ot  the  day  he  met  Captain  Gray.  I  1st   of  September,   three  days   after   liii 


»ie  volume.      1  Ins  correction  is  only  important  !  stronirest  possi!,le  claim  to  the  ox.lusive  posses- 
repe  lin-  the  inference  which  nii-ht  have  been  '  sion  of  the  island,"  to  i;se  Mr.  Pakenham's  Ian- 
drawn  tmm  the  fact,  ^f  it   nad   been  as  stated  by  I  guaije,  is  not,  therefore,  as  he  asserts,  in  Great 


Mr.  Pakenham,  that  Vancouver  had  been   previ- ;  Britain;  but,  as  shown 'by  Vanciuv 
ously  established  at  jSooika,  and   had  departed  '  was  in  Spain  then,  and  is  in  us  now. 


er  himself,  it 


from  it,  as  from  a  reirular  station,  on  a  voyage  of  I 
exploration  to  the  Straits  of  Fuca.  | 

But  there  are  more  important  errors  to  be  cor- 
rected. 


Out,  sir,  I  have  a  word  to  .say  in  relation  to  the 
whole  subject  of  Vancouver's  exjilorations. 

It  woulc'i  seem  that  the  Spaniards,  in  the  autumn 
of  1793,   had  become  cstrustful  of  Vancouver's 


While  Vancouver  was  surveyins:  the  Strait  of ;  objects  in  llie  survey  of  the  northwest  coast.  At 
I'uca,  and  the  extensive  inland  waters  connected  ,  the  bay  of  St.  Francisco,  although  he  had  every- 
witl.  It,  Galiano  and  \al,!es,  two  Spanish  officers,  ^  where  before  been  treated  with  a  civility  by  the 
sent  out  from  ^oolka  Sound,  were  euiraired  in  the  '  Spaniards,  for  which  his  Journal  abounded  in  ex- 
same  service.  Ihe  two  parties  met  on  the  2i2d  of  ;  pression/ of  gratitude,  he  was  subjected  to  rtstric- 
June,  about  the  middle  of  the  strait,  near  Point  ,  tions,  wliicii  he  denmninates  "  unexpected,  un-ra- 
Urey,  above  I- raze r;.  river,  and  proceeded  to- '  cious,  and  degradin-."  On  his  arrival  at  Mon- 
gether  northerly,  uniting  their  i-bors,  and  .sur-  <  terey  on  the  l.st  of  November,  the  Spanish  com- 
vey.ng,i.sshorestoaponit  nearthetxlreniilyofiniaiide.,  Arrillaga,  declined  li<.lding  any  verbal 
the  Island  of  auadra  and  Vanc.iuver,  between  the  communication  with  him,  but  ad.lresse.l  to  him 
auth  and  the  ol.st  dcL'rcc  of  north  latitude,  where  '  (piestions  in  writiniras  to  the  objects  of  his  voya-e; 
they  separated.  And  here  I  desire  to  call  tlie  special  :  to  which  Vancouver  promptly  replied— 
attention  of  the  Senate  to  the  Journal  ..f  Vancouver,  I  "  That  the  voyii-e  in  which  we  were  eiiira-ed 
Who  stat<>s  that  Senor  Galiano,  who  spoke  a  little  i  '  was  for  the  -etieral  use  and  beiielit  of  mankind, 
Knghsh,  informed  him  "  that  they  had  arrived  at  |  ^  and  iha.,  under  these  circumstances,  we  ou-bt 
JNootkaonthe  Ilth  of  April,  from  wlience  they  had  j  '  rather  to  be  considered  as  laborinjr  for  the  wod 
sailed  on  the  5lh  of  this  month,"  (June,)  "  in  order  '  of  tiie  world  in  general,  than  for  the  advanfe^e  of 
to  complete  the  examination  of  this  inlet,  which  I  «  any  particular  sovereign,  and  that  the  Court  of 
had,  in  the  preceding  year,  been  partly  surveyed  j  '  Spain  would  be  more  eaWy  informed,  and  as 
by  some  S5|)anish  ofhcers,  whose  chart  they  pro-  j  '  much  benefited  bv  my  labors,  as  the  kinsdom  of 
duced.  Observe,  sir,  the  miet  (i.e.  the  Strait  '  Great  Hritain.  "•—»«/.  4,  i».  3()9.» 
Of  Fuca,)  ;  bout  latitude  ")(|0,  partly  surveyed  and 


mapped  a  year  before   Vancouver  came'  on  the 
coast.  Vancouver  then  continues,  (p  210,  v.  2:) 
"  I  cannot  avoid  acknowledging  that,  on  thisoc 

•  casion,  I  experienced  no  small  degree  of  mortifi- 

•  cation,  in  finding  the  external  shores  of  the  gulf 
•had  been  visited,  and  already  examined  a  few 
'  miles  beyond  where  my  researches  durinir  the 
'excursion  had  extended,  making  the  land  I  had 
'  been  in  doubt  about,  an  i.slaiui;  continuing  nearly 
'in  the  same  direction  about  four  leagues  further 
'  than  had   been  seen  by  us,  and  by  tl^e  Spaniards 

•  named  Favida,  [Feveda.] " 

By  turning  back  to  jiage  204,  vol.  2,  it  will  ap- 
pear that  Vancouver's  examination  terminated  at 
50°  6'  north  latitude;  so  thattheS-jani.o.ids,  lieOirc 


*  'I'lie  correspondence  hetweeti  Vancouver  and  Si  iior 
Arrill;i;,-i,  as  repnrlcd  'ly  the  forinir,  tlioniih  too  long  to  lie 
inserted  liere,  is  will  .vorlli  a  pcriisnl.  (In  landing,  Van- 
couver called  on  the  .■^;iaiii-li  <"iiiniaiiilant,  and  w.m  prc- 
parini  to  slate  his  nasons  tor  haviM({  entrred  the  po.-ts  un- 
der ids  coverMinciil,  wlnn,  as  he  says,  '•  he  [.<!  nor  .'Vrril- 
lana] ,  'ippiil  me  I'loni  proceeding  f^irUier,  and  heiiiei'  h.it 
the  suli.it  ■'  niiitlit  li"  reCei led  to  a  written  corres|)ov  ;.  o, 
hy  wliirh  nioii.-  In  coneeived  mailers  would  lie  mo^  ;  .lly 
explalri'Ml."  In  the  afterniMin  a  Spanish  officer  went  on 
lioaid  V->ncou.er's  vessel,  and  delivered  him  two  lillirs 
from  the  ,si|in,iis|,  coinmaiidant.  '-The  tenor  of  llirsr  let- 
t.  rs  [says  Vancouvir|  heiiiij  very  ditreriiit  Iro-n  what  my 
ciMiversHlion  with  Senor  .Arrillaga  bad  given  'ne  reasi„i  to 
expect  'vh:'n  I  visited  him  at  the  I'residio,  I  was  reduced  to 
the  ni  icssityol'si'ncliiighirii  lleiiexl  day  (Si.lnrday,  the  2d) 
a  full  evplanation  of  tie  ohjeet«  of  our  vovage  and  of  the 
motivea  that  liad  induced  me  to  enter  the  'iwirtx  under  his 
juri::dietiun."    The  subsUncti  of  Uiia  uJipiuiiuUuii  ii,  (jut-u iu 


13 


f. 


Here  is  the  confession  of  Vnnronver  himself, 
that  thiTC  WHS  no  intention  of  inlLrftrins  witli  the 
territorial  ri<;hls  of  S|w'.i,  and  that  no  s|ieoinl  ad- 
vaniatres  we're  son^ht  for  l)y  Great  Britain.  It  is 
the  highest  evidence,  the  evidence  of  cotempora- 
neous  fxposition,  against  the  claims  ^'"the  Pi.-itish 
Plenipotentiary ,  and  it  demolishes  the  whole  fahric 
of  the  British  title,  so  far  us  it  is  built  on  Van- 
couver's exj>lorations. 

While  on  this  pa.t  of  the  si'.hject,  I  desire  aiso 
to  call  the  attention  of  the  Senate  to  the  manner  in 
which  the  Oregon  question  has  been  discnsKcd  in 
the  Uiitish  Parliament  l)y  some  of  the  most  di^tin- 
uished  members  of  both  branches  of  that  body. 
.  wish  to  do  so,  for  the  purpose  of  (orrecting  ^reat 
inaccuracies,  and  also  for  the  purpose  of  showing 
how  imperfectly  the  subject  ajipears  to  be  under- 
stood by  tho.i^e  w  ho,  from  their  elevated  positions, 
are  under  the  stron2;est  moral  obligations  to  pos- 
sess themselves  of  the  truth,  in  order  that  the  pub- 
lic mind  of  Great  Britain  may  not  be  misled  and 
inflamed  on  their  hiirb  authority. 

In  the  House  of  Lords,  on  the  4lh  of  April  last, 
immediately  aftci  the  reception  of  the  President's 
iiiangiiral  s|)eecli,  the  subject  was  brought  forward 
by  the  Earl  of  CMarendnn,  not  in  the  usual  form  of 
a  call  on  her  Majesty's  Ministers  for  information, 
but  in  pursuance  of  a  noiicc  which  iit,  had  given 
on  the  preceding  day  of  his  design  to  invite  the 
attention  of  the  House  to  the  question.  In  the 
course  of  his  remarks,  he  undertook  to  give  a 
sketch  of  the  claims  of  Great  Britain  and  the  ITni- 
tod  States  to  tiie  territory  of  Oregon.  I  shall,  in 
respect  to  the  former,  quote  his  own  words  from 
the  London  Times,  a  source  to  which  we  may 
confidently  look  for  an  accurate  report  of  liis  lord- 
ship's remarks.  I  s'.iall  c(mfine  myself  strictly  to 
the  qr';r,tion  of  title  in  all  I  have  to  say  in  refer- 
ence to  these  debates,  avoiding  carefully  all  allu- 
sion to  the  offensive  language  with  which  they 
were  in  some  instances  connected: 

"  In  the  first  place,  my  Lords,  if  priority  of  dis- 
'  covery  could  constitute  title,  our  claim  would 
'  be  unquestionable;  for  Sir  Fiv.ncis  Drake,  when 
'he  first  visited  thrt  country  in  l.')')l^,  found  all  the 
'  lam'  unappropriated,  and  took  possession  of  it, 
'  giving  it  the  title  of  Xew  Albion.  I  do  not  mean 
'ill  say  !i. at  this  constitutes  a  claim:  but  owing, 
'  subsecpieiitly,  to  a  seizure  of  British  vcs.sels  at 
'  Nootka,  and  to  a  dispute  which  arose  in  conse- 
'  (pience,  it  was  arranged  by  the  treaty  of  the  Ks- 
'  curir.l  that  the  si-.bjec'ts  of  the  contracting  jiarties 
'  should  not  be  molested  in  fishing  and  making 
♦settlements  in  parts  not  hii  no  occupied.  In 
'  171)2,  the  cminlry  adjacent  to  me  Columbia  river 
'  was  taken  possession  of  by  Cook,  and  was  ex- 
'  plored  in  lHi:j  by  the  Northwestern  Company, 
'  now  called  the  Hudson  Bay  Company,  who  (s- 
'  tabli.shed  themselves  in  Port  St.  Gemge,  under 
'the  government  of  Br.'.irh  laws,  continuinir  to 
'  the  present  day,  and  being  the  f.rsl  cstablish- 
'  ment  in  that  count  y  of  a  lawful  and  national 
'  character,  and   recognised  as  such  by   foreign 

«  SUlt-8." 


(he  p\;nict  in  the  teit,  dcnyinu  the  iiitei  t'on  ef  laboiina 
"lor  \\u'  ailvanlanu  III"  any  particular  Hciverciiin."  And  it 
wa<  ^'ll  >ali>tiielory  tliai.  a»  Vaiii'miver  siay,  •'  I'M  Mimilay. 
till'  -liii,  I  ri'ciiviii  ;i  !,  Iter  Iroiii  Sefiiir  Arriltapn  in  reply  to 
my  lettrr,  in  wliicn  lie  was  pleased  to  coiiiplimcnt  me  upon 

Uiy  illgetiUuUAlluab,"  &c« 


In  the  paragraph  I  have  read,  th»re  are  nume- 
rous errors  in  the  statement  of  facts,  and  I  must 
ask  tne  indulgence  of  the  Senate  whUe  I  point 
some  of  them  out. 

1.  Sir  Francis  Drake  ar.-ived  on  the  northwest 
coast  of  America  in  15T9,  and  not  in  ir>.i8,  as  sta- 
ted  by  Lord  Clarr-ndon,  making  a  diflference  o. 
twentv-one  years  in  point  of  time.     If  this  error  of 
date,  Which  may  possibly  be  typographical,  were 
the  only  one,  I  should  not  have  troubled  the  Senate 
with  aiiy  reference  to  it.     But  there  are  graver 
misapprehensions  in  this  .siutcment.     It  will  be 
seen,  that  though  Lord  Clarendon  does  not  ven- 
tu'c  to  refer  to  Sir  Francis  Drake's  visit  to  the 
northwest  coast  as  constituting  a  title  of  itself,  he 
presents  it  as  evidence  of"  prioriiy  of  discovery.' 
Sir,  that  navigator  can,  in  no  just  sense,  be  s.    '.  to 
have  visited  the  disputed  territory  of  which  Lord 
Clare  ;don  was  speaking.  The  territory  commences 
at  the  42d  parallel  of  latitude,  and  runs  north  tp 
.540  40'.     Sir  Francis  Drak.  landed  a'-  38°.     He 
.sailed  along  the  coast  north  of  this  parallel,  accord- 
in"  to  the  best  authorities,  only  as  high  as  43°.  Nor 
can  his  visit,  in  any  just  sense,  be  regarded  as  a 
discovery.    The  country,  including  the  bay  of  St. 
Fmncisco  where  he  landed,  was  previously  known. 
It  had  been  seen  tliinv  years  before  as  high  as  the 
43d  parallel  by  Ferrelo,  who  was  sent  out  by  the 
Viceroy  of  Mexico,  for  the  expres?  purpose  of  ex- 
ploring' and  extending  the  dominion  of  Spain  over 
If,  and  it  was  t;iken  posscssiim  of  at  or  near  the 
very  point  where  Drake  landed,  and  at  various 
others,  long  before  the  Government  of  Great  Brit- 
ain claimed  any  right  of  possession,  growing  out 
of  this  pretended  discovery,  and  the  visits  of  her 
navigators  to  the  northwest  coast. 

Besides,  Drake's  expedition  was  in  the  nature 
of  a  piratical  enterprise,  and  not  an  enterprise  of 
legitimate  warfare.  England  and  Spain  were  at 
pelice.  It  is  true,  the  two  sovereigns,  Elizabeth 
and  Philip,  were  engaced  in  secret  plots  against 
each  other— the  tbrmer  by  fomenting  disturbances 
in  the  Low  Cmintries.  an'd  the  latter  by  setting  on 
foot  rebellions  in  Ireland:  but  it  was  several  years 
later  before  these  intrigues  broke  out  into  the  open 
hostility,  of  which  the  chief  incident  was  the  de- 
struction of  the  invincibl.?  Armada.  (Sir,  the  con- 
tradiction of  terms  is  the  work  of  history,  not 
mine.)  Yet  Elizabeth,  after  Drake's  return  to 
England,  on  the  application  of  the  Spanish  ambas- 
sador complaining  of  his  piracies,  restored  a  por- 
tion of  the  booty  he  had  taken,  and  by  this  n.'ili- 
tiiiion  admitted  theunlawfnlncs.i  of  hisexpedilioi. 
It  is  only  necessary  to  look  into  Hume  to  see  in 
what  lisrfit  it  has  always  been  viewed  by  'he  eye 
of  legitimate  history.  Sir,  it  should  need  some 
boldness,  one  would  think,  to  set  up  a  claim  even 
to  "  priority  of  discovery"  on  the  basis  of  a  trans- 
action like  this. 

2.  Lord  Clarendon  sUites  that  the  country  adja- 
cent to  the  '^•diimbia  river  was  taken  possession  of 
in  1792  by  Captain  Cook.  Sir,  Captain  Cook  never 
.saw  the  Columbia  river,  or  landed  in  the  inimedi- 
atelv-iuljacent  country.  His  visit  was  to  Nootka 
Sound,  on  the  island  of  auadra  and  Vancouver, 
s-'pariited  from  the  continent  by  ilie  Strait  of  Fuca. 
His  voyage  is  referred  by  Lord  Clarendon  to  the 
year  IT.ti.  It  was,  in  fact,  made  in  1778,  fourteen 
years  before  the  Columbia  river  was  entered  or 
even  certainly  known  to  exist.    Ten  years  oSm 


14 


I  ; 


Cook  s  voyage  to  the  coast,  Meares,  on  whose  ex- 
plorations ilie  British  Government  partially  rcsis 
ita  •jtle,  reported  he  could  say  with  certainty,  no 
such  river  ns  the  St.  Roc  (the  Colunihia)  existed. 
i-our  years  Inter  still,  Vancouver,  after  £>  most 
careful  examination  of  the  coast,  came  to  the  same 
conclusion,  as  we  have  seen.  Sir,  Lord  Claren- 
don evidently  confounded  the  voyage  of  Cook  with 
that  of  Vancouver,  without  an  accurate  reference 
to  either. 

3.  It  is  equally  erroneous  to  say,  that  the  North- 
west Comnany  explored  the  country  in  1813,  and 
established  themselves  in  Port  St.  George.     Ex- 
plorations had  been  made,  first  by  Lewisand  Clarke, 
military  o.Ticfrs  in  the  service  of  the  United  States, 
*"oj*'en  by  Thomn.sor  and  others,  in  the  service 
of  the  British  and  American  Fur  companies.     But 
no  particular  exploration.s,  I   believe,  were  made 
in  the  year  referred  to.     The  stock  and  property 
of  the  American  Company  at  Astoria  were  sold  to 
the  ^orthwest  Gom|)any  in   that   year;  but  the 
place  was  restored  to  the  United  States  in  1818, 
and  no  attempt  was  made  by  the  Government  of 
Great  Britain  to  extend  its  laws  over  any  part  of 
the  tenitorv  until  1821,  eight  ytais  after  the  time 
at  which  Lord   Clarendon   rcjiresents  Astoria  as 
being  under  the  government  of  British  la.vs,  hav- 
ing the  character  of  a  national  establishment  ot 
Great  Britain,  and  recognised  as  such  by  foreign 
nations.     Sir,  it  has  never  possessed  such  a  nalioTi- 
al  character,  or  been  s..  recogni.sed.     If  liis  lord- 
ship had  taken  the  trouble  to  look  at  the  statement 
of  the  British  commissioners,  (Messrs.  Huskissoii 
and  Addington,)  in  1826,  he  would  have  found 


they  distinctly  denied  that  it  was  a  "national  pos- 
session" or  a  "military  post"  in  the  hands  of  the 
Americans;  and  they  endeavored  to  show  by  ar- 
gument that  it  was  not  such  in  the  hands  of  the 
Northwest  Company  after  its  purchase.  Its  res- 
toration to  us  in  1818  is  incompatible  with  tho  as- 
siirnption  that  it  has  such  a  national  character  now. 
The  assumption  is  equally  inconsistent  with  the 
conditions  of  the  treaties  between  Great  Britiin 
and  the  United  States,  which  viitually  preclude 
such  a.i  exclur.ive  exercise  of  sovereignty  on  her 
part  as  to  give  any  establishments  made  by  her 
subjects  a  character  of  nationality.  Nay,  sir,  it 
13  inconsistent  with  the  claims  of  Great  Britain 
herself,  whose  commissioners,  in  1826,  expressly 
renounced  all  pretensions  to  a  right  of  exclusive 
sovereignty  over  any  portion  of  the  Oregon  terri- 
tory. It  IS  difficult  to  fancy  a  paragraph  of  as 
many  words  so  replete  with  error  as  the  one  on 
which  I  am  commenting. 

I  regret  to  say  that  the  subject  was  presented  to 
the  House  of  Commons  with,  if  possible,  still 
greater  misrepresentations,  and  from  an  equallv 
distinguished  source;  though  I  migiit  not  have  felt 
myself  called  on  to  notice  them,  but  for  their  con- 
nexion with  the  incidents  I  have  been  examinin- 
and  particularly  the  question  of  title.  '"" 

The  subject  was  introduced  into  the  House  of 
Commons  by  Lord  John  Russell,  much  in  the 
same  manner  as  it  was  preson<ed  to  the  House  of 
Lords— not  in  the  shape  of  a  call  for  information, 
but  in  the  nature  of  n  protest  against  some  of  the 
positions  taken  by  the  President  in  his  inaugural 
speech.  This  gentleman  is  a  distinguished  mem- 
ber of  the  Whig  party,  a  member  of  a  former  Min- 
Mtry,  and  v/aa  recently  called  on  by  her  Majesty  i 


I  to  form  another,  but  did  not  succeed.  I  will  now 
tread  to  the  Senate  that  part  of  his  lordsi.ip's  re- 
marks which  relates  to  the  discovery  of  the  Co- 
hiniliia  river,  one  of  the  principal  historical  facts 
on  which  the  United  StiUes  rest  their  claim  to  the 
Oregon  territory: 

"  Now,  it  appears  that  Captain  Vancouver  was 
I  sent  out  by  the  British  Government  to  discover 
^  the  hue  of  coast,  and  to  take  possession  of  cer- 
I  tain  parts  laid  down  in  bis  instructions;  and  here 
'we  come  to  another  part  of  the  claims  of  the 
United  States— to  a  part  of  their  claims  where 
'  they  put  in  their  claim  to  discovery  upon  a  trans- 
'  action  which  I  will  now  proceed  to  relate.    Itap- 
I  pears  that  a  merchant  vessel,  called  the  Colmn- 
'  bia,  under  a  Captain  Gray,  discovered  an   inlet, 
'  whicli  was  supposed  to  be  an  inlet  of  a  river.     It 
I  appears  that,  after  some  days,  in  the  month  of 
May,_  1792,  passed  partly  at  anchor,  and  partly 
'  m  endeavoring  to  ascertain  the  limits  of  that  bay, 
'  tliis  vessel  sailed  out  agaii:  into  the  Pacific  ocean. 
'There  is  a  very  clear  account  given  by  Captain 
'  Gray,  the  commander  of  that  vessel,  that,  '  after 
'  some  days,'  he  says,  '  we  thought  we  had  f.aind 
'  a  channel,  but  found  we  were  misuiken.     There 
'  is  no  channel  in  the  part  which  we  endeavored  to 
'penetrate,  and  therefore  we  must  return.'   Sliort- 
I  ly  after  this,  Captfiin  Vancouver  arrived  on   the 
'  coast.    He  not  only  went  into  the  same  iiiiet,  but 
'  he  sen*  his  lieutenant — a  Lieutenant  I?roui;hton — 
'  to  discover  the  river,  and  to  go  in  a  boat  to  a  dis- 
'  Uiiice  up  the  river.     Lieutenant  Bronghton  was 
'  niort  successful  than  Captain  Gray.    He  actually 
'  discovered  the  entrance  of  i  he  Columbia  river. 
'  He  went  up  it  in  his  boat  several  days,  to  the  dis- 
'  tancc,  I  think,  of  some  90  or  100  miles.     He  dis- 
'  covered    the   territory   surroundi-g  it.      It  was 
'  agreed  that  the  river  should  be  cAlied  by  the  name 
'  of  Columbia,  and  Lieutenant  Broughto'n  returned 
'  to  his  .■shij).     But  Captain  Vancouver  took   pns- 
'  session  ot   thai  river,  the  coast  adjacent,  and  the 
'Nootka  Sound,  ill  the  name  of  his  iVIajesty  the 
'King  of  England.  (H.ar,  bear.)  Then,  sir,  there 
'  was  S(niiething  of  valid  title." 

I  confess  it  was  with  equal  regret  and  surprise 
that  1  read  this  statement  of  a  transaction  which 
has  become  matter  of  history,  uiul  in  respect  to  the 
facts  of  which   there  is  no  n'a.«onable  ground  for 
serious  misconception.     I  have  looked  "in  vain  for 
the  quotation  Lord  John  Russell  professes  to  make 
from  Cajitain  Gray.     There  is  no  such  stati'inent 
in  the  only  account  which  I  have  seen  given  by  the 
latter  of  the  discovery  of  the  Columbia  river— the 
certified  copy  of  his  log  in  the  State  Dciiaitnient. 
His  lordshij)goes  on  to  state  that  Vancouvershortly 
after  arrived  on  the  coast,  and  not  only  went  into 
the  inlet,  but  sent  in  Lieutenant  Broughtiui,  "who 
actually  discovered   the  entrance  to  the  Columbia 
river."     Now,  the  Senate  will  oljserve  that,  in  or- 
der to  sustain  this  most  unauthorized  as.suinption, 
almost  all   the   important  fads  relating  to  the  dis- 
covery of  the  Columbia  river — facts  shoivn  by  Van- 
couver's own  Journal— are  k'pt  out  of  view:  the 
meeting^  of  Gray  with   Vancouver  on   the   29th 
April,  1792,  five  nnnitlis  j)ieviously ,  near  the  Strait 
of  Fiica;  the  inforinalion  given  by  Gray  to  the  lat- 
ter of  the  discovery  (if  the  river,  and  of  his  iinsnc- 
cessfid  atteiniils  to  ei,  r,-  it;  the  incredulity  of  Van- 
couver, and  his  continued  cop.virtion.  th.it  no  ^;l!l■h 
river  existed;  the  return  of  Gray  to  the  river,  his 


15 


success  in  entering  it;  the  arrival  of  Vancouver  at 
Noolka,  where  he  obtained  copies  of  Griiy  s  charts 
left  witli  auadra,  hy  tlie  aid  of  winch,  Vaucouver 
WQH  eiml.lfd  to  find  the  stream,  and  send  up  his  lieu- 
tenant, Broushton,  :o  explore  it.     I  :^ay,  sir,  all 
thef-fi  material  focts  are  suppressed—!  trust  not  in- 
tentionally—to  s\istain  the  unfounded  assumption 
that  Brou''ht(iii  was  the  discoverer  of  theCohimhi;.. 
But  it  i':!  worthy  of  remark  that  Mr.   Falconer,  a  ^ 
rcspeclahlc   British  writer,  who  has  recently  Pub-  , 
lishfd  a  pai.iplilet  on  Oregon,  and  who  wrote  about 
the  time  Lord  John   Russell   spoke,  admits  that 
Gray  was  the  first  jierson  who  noticed  liie  Colum- 
bia river  after  Heceta,  and  concedes  the  dl.scovery 
to  the  latter.     Happily  the  historical  facts  are  too 
well  authenticated  to  be   pcrmanentlv  misunder- 
stood.    They  were  so  well  known  at  the  time,  that 
even  the  rivalry — not  to  say  the  detraction — of  the 
day  conceded  to  Gray  the  merit  of  liie  discovery 
bv  dcsi;;imting  the  river  by  the  name  he  save  ii — 
tlie  iian"e  of  the  vc.'^sel  that  first  entered  Us  waters. 
In  regard  to  the  attempt  to  restrict  Giay's  discov- 
ery to  the  bay  or  mouth  of  the  river,  it  is  only  ne- 
cessary to  say  that  the  settlement  at  Astoria  is  uni- 
vci-sally  admitted  to  be  on  the  Columbia  river.     )s 
it  not  so,  sir.'     It  is  designated  "  the  settlement  on 
the  Coluiiiliia  river,"  in  the  despatch  of  Karl  Ba- 
thurst  dinctinu;  it  to  bt,  restored  to  us  in  18J8,  as 
well  as  in  the  act  of  restoration.     Now  ,  sir.  Cap- 
tain Gray  asrendid  the  ri\er  not  only  as  high  as 
Astoria,  which  is  ten  miles  from  the  I'acifie.  ocean, 
but  at  least  six  miles  above  it,  according:  to  Droudi- 
lon  himself.     Look  at  the  map  of  On  -on  on  your 
t;il)le,  by  Captain  Wilkes,  and  vm  will  find  Gray[s 
bay,  so   named  by  Brouiibton,  (see  Vancouver's 
Joiu-nal,  vol.  3,  pa;,'e  '.)'-',)  on  the  north  side  of  the 
Columbia  and  hi-her  up  than  Astoria.     According: 
to  Grav's  own  lo^',  he  anchored,  the  day  he  discov- 
ered and  entered  the  river,  ten  miles  above  the  en - 
traiK  c,  and  three  days  after  ho  sailed  twelve  or  fif- 
teen miles  hi-her  up.     He  must,  therelorc,  have 
been  from  six  to  fifteen  miles  aljove  the  site  of  the 
settlement  at  Astoria.     What,   then,  becomes  of 
the  attempt  of  Brou-liton,  rev' ved  by  British  states- 
men, not  neirotiators,  (no   nearotiator  ut  this  day 
would  so  risk   his  reputation,)  to  restrict  Gray's 
discovery  to  the  mouth  of  the  stream! 

Lord  John  Russell's  .statement  is  eiiually  erro- 
neous in  other  particulars — erroneous  in  sayinu; 
that  Vancouver  entered  il!eColum!)ia,or  ihe  inlet- 
erroneous  111  sayins  that  he  took  possession  of 
Nootka  Sound.  Ilis  vesel,  the  Discovery,  did 
not  pass  the  bar  at  tie  mouth  of  the  Columbia 
river;  he  did  not  take  possession  of  Nootka:  Ciua- 
(lia  icfased  to  make  a  formal  surrender  of  anything 
but  Meares's  Cove,  which  he  W(Uild  not  accept:  and 
the  formality  of  takiiii:  |)ossession  of  the  Colunil)ia 
river  was  performed  by  I'.roiighton,  after  Vancou- 
ver had  left  the  coast,  mu<'h  in  the  same  way  as  it 
had  been  done  years  before  by  the  Spaniards, 
vviio  weic  the  first  discoverers  and  explorers  of  the 
country.  1  repeat,  and  I  say  it  with  regret,  that, 
besid(  s  the  errors  in  point  of  fact,  the  leading  and 
material  circumstances  connected  with  the  discov- 
ery of  tlie  Colund)ia  river  are  kept  out  of  view.  I 
do  not  expect  British  statesmen  to  produce  argu- 
n.Jnts  in  favor  of  the  American  title;  but  when 
they  undertake  to  refer  to  historical  facts,  resting 
on  th.eir  own  authorities,  and  in  their  own  pos.ses- 
sion,  they  axe  bound  to  state  them  wUi  accuracy. 


Sir,  we  may  excuse  i!lo?;ical  deductions  from  ad- 
mitted data;  wc  may  look  with  indulgence  on  dif- 
ferences of  opinion  in  regard  to  the  same  facts, 
knowing,  as  wc  do,  our  liability  to  be  biased  by    . 
prejudice  or  by  loo  partial  views  of  personal  or 
iiat"ional  interest.     But  for  an  omission  of  essential 
eircumstances  in  the  discussion  of  an  important 
national  question— a  discusion  entered  upon  volun- 
tarily for  the  purpose  of  enli:rhtening  the  public 
mind  of  a  nation— there  can  be  :io  aoology,  even 
though  it  arise  from  a  want  of  a  suffic-ently  careful 
exatuination  of  the  subject.     On  tlie  Oregon  cjucs- 
tion  it  is  well  known  that  ^renl  excitement  existed 
at  the  time  in  Great  Britain  and  the  United  States 
—an  excitement  which  exists  still,  though  happily 
somewhat  al>ated— an  excitement  which   needs, 
perhaps,  but  little  provocation  to  break  out  into 
open  hostilities;  and  no  man,  who  appreciates  as 
he  ou-ht  the  calamity  of  an  interrupuon  of  the 
amicable  relations  which  exist  betv.-een  us,  should 
be  willin''  to  incur  the  responsibility  of  m..sleading 
the  public  judgment  of  either  country;  or  if  he  does 
misdirect  'it,  he  should  at  least  have  the  consola- 
tion of  reflecting  that  it  was  through  erroneous  de- 
uctions,  and  not  a  misstatement  of  facts  fiurly 


within  his  knowledge.  ,  .  ,   t  ,  n  j  j 

The  misrepresentations  to  which  I  have  alluded 
are  the  more  to  be  regretted,  for  the  reason,  if  I 
do  not  err,  that  tliey-constitute  almost  the  only 
views  or  the  subject  which  reach  the  great  mass 
of  Ihe  Biitish  people.  In  this  country,  statemerits 
of  both  sides  of  great  national  questions  are  equally 
diffused.  Look  at  our  newspapers,  and  they  will 
be  found  filled  with  the  diidomatic  correspondence 
between  the  British  and  American  Plcpipoten- 
tiaries.  The  letter'^  o,'  Mr.  Pakenham  are  puD- 
lished  with  those  of  Mr.  Calhoun  and  Mr.  Bu- 
chanan, and  are  as  widely  circulated.  All  read, 
comoare,  anJ  judge  them.  It  is  not  so  in  Great 
Britain.  As  a  general  rule,  the  British  side  of  the 
question  only  is  presented  to  the  British  public. 
Nor  is  it  the  official  argument  of  the  Go\er  iment, 
drawn  up  by  the  diphimatist,  under  a  sense  of  his 
iTsponsibility  to  the  criticism  of  other  nations,  and 
the  general  judirment  of  mankind.  No,  sir.  It  is 
more  frequently  the  "  tirade"  of  the  iiolitician,  by 
which  Ihe  pul)lic  mind  of  Great  Britain  is  made  to 
pronounce  judgmeiu  upon  great  questions  of  inter- 
national risht  and  duty. 

These  misivpresentalions  are  still  more  to  be 
regretted,  because  they  constitute  the  basis  of  the 
statements  which  find  their  way  to  the  continent. 
Through  Galignani's  Messenger,  the  echo  of  the 
Britisirpress,  they  are  translated  into  French,  and 
widely  circulated.' poisoning  the  whole  public  mind 
of  the  continent,  and  exciting  prejudice  against 

i  will  only  ad<l,  that  the  Earl  of  Aberdeen  in  one 
house,  andSir  Robert  Peel  in  the  other,  adverted 
to  these  statements  in  a  manner  which,  though 
not  altogether  unexceptionable,  was  in  general 
dignified  and  statesmanlike;  and  it  is  earnestly  to 
hehoped  that  the  better  feeling  which  now  exists 
between  the  two  countries  may  continue  unabated, 
and  lead  to  j.  settlement  of  the  question  on  terms 
honorable  to  both. 

I  feel  that  I  owe  an  apology  to  the  Senate  for 
this  long  digression.  I  trust  it  will  be  found  in 
the  consideration,  that  the  inaccuracies  I  have  enj 
deavorcd  to  point  out  did  not  go  to  the  world  will: 


J 


I^ 


the  mere  wei-ht  of  an  ordinary  legislative  debate, 
but  with  all  the  evidences  of  deliberation  and  ar- 
rangcuient;  and,  ihcrcforc,  calculated  to  Le  more 
aan<;erous  in  pro|);t^'atin<i;  (  rror. 
I  [It  was  now  three  o'clock,  and  Mr.  D.  jrave  way 
to  a  motion  of  °  ^^  nay 

Mr.  SEVIER,  that  the  Senate  adjourn. 
Ine  Senate  accordinjrly  adjourned. 

Thursday,  February  19,  184fi. 

,  i^y'u^!^/^""^  "''""^  '"  resume  his  remarks 
Which  he  had  not  concluded  at  the  hour  of  ndjourn- 
mept  yesterday,  hut  yielded  the  floor  to        '' 

Mr.  J.  M.  CLi^  YTON,  who  said  he  desired  an 
opportunity  to  ofTer  a  few  remarks  relative  to  a 
allusion  made  to  mm  l,y  the  Senator  from  New 
York,  [Mr.  D,x,]  ,n  the  openin-  of  his  speech 
yesterday.     He  is  reported  to  have  said: 

"  In  entering  hito  the  debate  on  the  question  un- 
der  consideration,  I  feel  constrained  to  differ  in 
opinion  with  two  distin-ui.shed  Senators  who 
have  preceded  me,  m  relation  to  the  manner  in 
_  which  the  discussion  should  be  conducted.     I  al- 


1  1    1    .    .1     r^ V  •■•••■""*  '-"-  '"iiuucieu.     1  al- 

lude  to  the  Senator  from  Ohio,  [Mr.  Alle.v,!  who 
_        opened  the  debate,  a.id  the  Senator  from  t>ela- 
j       ware,  [Mr.  J.  M.  C.avto.v,]  who  followed  him 
no  tnovy  n  his  seat.     Both  took  the  -round,  and 
I       with  equal  pereiaptonness,  that  the  titfe  to  Ore-on 
;       ought  not  to  be  discussed,  but  for  totally diffenrt 
,       reasons-the  Senator  from    Ohio,   because   the 
time  for  distu.-.smg  it  had  gone  by,  and  the  Sena- 
tor  from  Delaware,  becau^^e  tlu;  time  for  di^sc'iis- 
sing  it  had  not  arrived.     With  tbe  unfei-ned  re- 
spect which  I  entertain  for  them,  I  dissent  from 
their  opimon  witn  great  ditfidence  of  my  own  " 
•    As  the  Senator  said,  he  (Mr.  C.)  was  tem.io-  \ 
,    rarily  absent  from  Ins  scat,  but  came  in  a  f-w  min- 
;     Utes  after  the  Senator  had  made  that  remark.     He  , 
had  mistaken  his  (Mr.  C.'s)  po.sition.     When  he 
had  tlie  lionor  of  addressing  the  Senate  on  the  ]->i' 
instant,  he  did  object  to  the  discu.<sion  of  the  t^ 
in  open  session,  but  he  avowed  distinctly  at  i,ie  I 
time  his  perfect  willingness  to  ente.- at  any  moment 
on  tliat  discussion  m  executive  session      He  did 
not  mean  to  say,  nor  did  he  think  that  lie  was  ) 
generally  understood  at  the  time  as  meaiiin-  to  i 
say,  that  he  objected  to  the  discussion  of  the  (lurs- 
tion  at  that  very  moment.     On  tho  contrary,  he  ' 
thought  that  he  expressed  his  willin>'ness  to  go 
into  It  then,  if  his  associates  in  the  Senate  wi.she.l  j 
to  do  so— but  in  executive  session.     And  he  be."--  < 
ged  the  Senator  to  recollect  tho  reason  which  l7e  ' 
assigned  why  the  dis.u.s.sion  should  be  so  condurt- 
1  J  ,        ^'"^'^  ''"'''  ''"'■'^  questi.m  were  to  be  -  •- 
tied  by  treaty  between  the  two  Govermnent.s.  the 
remarks  made  in  open  session  were  calculated  to  i 
prejudge,   and    must    necessarily    prejudge,    tiie  I 
ouestion  which  would  arise  u|)(,n  the  treaty      He  ' 
thought  then,  and  he  thou-ht  so  still,  that  if  ih-  j 
ouestion  \vere  to  be  settled  in  that  manner,  .-real  ■ 
danger  niight  arise  from  these  jiublic  discussions 
because  it  would  be  recollected  that  it  took  but  ' 
nineteen  of  them  to  defeat  any  treaty;  and  if  the 
discussion  became  extended,  a.s  wa.s  very  likely, 
there  was  danger  that  nineteen  Senators  iiiiHit  be- 
come so  committed  before  the  whole  country  in 
regard  to  the  title,  and  differing  from  the  Execu- 
tive, why,  then,  was  it  not  obvious  that  t'^e^r  con 
eiderauoii  of  Uio  treaty  would  be  seiiousiy  tnun- 


mellcd  ?  f)n  the  otlier  hand,  he  thought  then,  and 
thought  still,  that  If  discussed  in  executive  te.ssion 
no  such  diihcuhy  could  occur;  no  man  would  be 
then  committed  before  the  country.  But  o,)en 
discussion  was  attended  with  the  dan-er  of  so 
many  men  cnmutting  themselves  on  some  i)aral. 
lei  of  latitude  dUlcrent  from  tluu  presented  in  the 
treaty. 

If  the  Senator  would  pardon  liim  a  few  mo- 

,  nienls  longer,  he  would  make  a  sin:rle  reference  to 
;  a  remark  which  fell  from  the  honoiable  Senator 
trom  Indian,.,  [Mr.  Has-.vecan-.]     He  seemed  to 
apprehend  tl  at  tliere  was  greater  danger  of  stran- 
gling  Oregon  in   that    chamber   than    elsewhere 
How  so?    He  (Mr.  C.)  could  not  possibly  c-.m- 
prehend  that.     If  the  title  to  Oregon  be  clear— if  it 
be  such  a  title  as  the  country  could  .stand  up  for 
and  fight  for--:t  was  one  that  would  bear  discus- 
sion in  executive  .session  as  well  as  anywhere  else, 
and  the  only  dilfereiice  was,  that  it  would  be  much 
more  safely  discussed  in  executive  session  than  in 
open  session.     The  honoraljle  Senator,  however, 
at  the  conclusion  of  his  eloquent  address,  seemed 
to  apprehend  that  if  the  Senate  took  fhe  resi.onsi- 
bihty  of  discussing  this  question  in  .scv-ret  session, 
lierhaps  some  Cains  Gracchus  might  drive  us  from 
our  .scats,  and  forcibly  expel  our  President  from 
Ills  elevated  seat. 

Mr.  HANNEGAX.    If  the  Senator  from  Dela- 
ware will  allow  me,  I  will  restate  w  hat  I  uttered  in 
this  particular,  and  a  misreport  of  which  wis  given 
111  both  the  Union  and  Intelligencer,  so  gross  as  to 
be  ridiculous. 
Mr.  J.  M.  CL  '\YTON  yielded  the  floor,  when 
Mr.  H.  said,  that  the  language  he  uttered  was, 
tjiat  the  withdrawal  of  so  nioinentous  a  question 
]  (rom  the  jtublic  eye  for  .secret  deliberation  an.:  dis- 
cussion, to  be  followed— as  perchance  it  mi-ht  be— 
I  by  a  silent  and  sudden  death  of  the  measine  in  di- 
rect violation  of  tl,.-  will  of  three-fifths  of  the  Amer- 
ican tieople,  woi,!d  be  a  most  .serious,  if  not  a  ic.  I- 
and'oly  liour  in  the  history  of  the  country.     It 
inight  prelude  the  entrance  oV some  CaiusGra'cchus 
into   that   hitlRrto   consecrated   chamber,    whose 
heart,  big  with  the  fins  of  freedom,  and  roused  by 
•such  an  outrage  upon  jmblic  ri-hts,  would  lead  him 
to  address  the  mighty  i.ibunal  without,  and  by  this 
•Simple  chan::e  of  attitude,  (here  Mr.  H.  pointed  to 
the  doors  of  the  Senate,  and  rai.sed  his  hands  to  the 
galleries,)   turning  from  that  venerated  chair,  re- 
verse thenceforth  the  cherisluil  forms  of  this  body, 
impair  its  di-nity,  and  destroy  its  lofty  and  coni- 
j  mandinir  attitude. 

Mr.  CLAYTOX  was  glad  to  hear  that  explana- 
tion.] ' 

Mr.  DIX  then  proceeded  with  liis  remarks,  and 
said: 

I  beg  the  Senator  from  Delaware  to  be  assured 
that  nothing  would  give  me  more  pain  than  to  nii-;- 
state  any  Senator  on  this  floor;  and  I  accept  with 
great  pleasure  the  explanation  which  he  has  made. 
I  desire  also  to  say,  injustice  to  him, as  well  is  to 
tlie  Senator  from  Ohio,  tiiat  I  did  n..i  use  the  term 
"perem|)tonness"  in  referring  to  the  manner  in 
which  they  had  insisted  that  the  (luestimi  of  title 
ought  not.  111  their  oj>inion,  to  '.e  di.scussed.  I  said 
they  had  Uiken  the  position  m  equally  strong  lan- 
guage. ° 

I  now  resuinr  the  coiisideralioii  of  the  important 
question  oil  which  I  had  the  honor  to  address  the 


17 


Rrnntc  ycstcrJay;  nnd  in  doins:  f"^»  ^  cannot  -vith- 
liolJ  i.lie  I'Xprt  ssinn  of  my  sotise  ofthn  kind  indul- 
11  ncc  wliir.h  li.is  been  extended  to  mc.  I  will  cn- 
dciivor  to  aflord  llie  Senate  a  sulistantial  proof  of 
that  sense  of  oblij^ation  on  inv  pari,  by  briniiin;? 
my  remarks  to  a.  close  in  the  Griefcst  poosible  pe- 
riod of  time. 

Tiic  historical  sketoli  wliich  I  was  makinj  of 
the  disi  ovcrits  and  establishments  in  Orri;oii,  when 
the  Senate  adjourned  yesterday,  ended  witli  the 
year  1792. 

The  discovery  of  Bulfincli's  Harbor  and  the 
Columbia  river  by  Grav,  and  the  explorations  of 
Galliano,  Valdes,  and  Vancouver,  in  tlie  Strait  of 
Fina,  in  that  year,  terminated  the  scries  of  maritime 
discoveries  in  the  disputed  territory,  which  had 
commenced  two  centuries  and  a  half  before.  From 
tliat  time  to  the  present,  noiliinff  has  been  done  on 
the  coast  l)ut  to  fill  up  the  smaller  details  of  the 
great  outline  completed  by  the  labors  of  these  nav- 
igators. 

In  the  same  year,  (1792,)  Mackenzie,  leaving 
Fort  Chippewyan,  on  the  Athabasca  lake,  in  the 
iiSih  parallel  of  latitude,  and  nearly  midway  be- 
tween the  Atlantic  and  Pacific  oceans,  proceeded 
westward  to  tiic  Rocky  mountains,  where  he  )iass- 
cd  the  winter.  The  next  spring',  he  resumed  his 
journey,  struck  the  Tacoutche  Trssee,  (now  Fra- 
z.er's  river,)  in  the  r»4th  parallel  of  latitude,  and  de- 
scended it  .some  230  miles.  He  then  contnuied  his 
course  to  the  west,  and  reached  the  Pacific  in  north 
latitude  ')-2P  20' — about  adci^ree  north  of  the  island 
of  duadra  and  Vancouver.  Frazer's  river,  which 
takes  its  rise  near  the  .IjiIi  parallel  of  latitude,  was 
for  nineteen  years  supposed  to  be  the  northern 
branch  of  the  Columbia:  but  in  1812,  it  was  as- 
certained by  Frazcr  to  debouch  in  the  Strait  of 
Fuca,  at  the  49th  parallel  of  latitude.  It  waters 
the  district  of  country  immediately  west  and  north 
of  the  valley  drained  by  the  iijiper  branch  of  the 
Columbia.  This  district  is  n  )iart  of  the  jrreat  sec- 
tion of  the  northwest  coast,  bounded  on  the  ca.st 
by  the  llo  :ky  mountains,  and  on  the  west  by  the 
Pacific,  of  which  the  main  channels  of  access  had 
been  laid  open  by  previous  discoveries. 

In  1804,  Captains  Lewis  and  Clarke  set  out  on 
their  ixpeuition  to  Or<"j:on;  and.  in  1811."),  after 
incredible  liardshi|»s  ami  labors,  thcv  established 
tlicmsclves  on  the  liorth  side  of  the  Ci>Iumbia  river, 
near  its  mouth,  and  subsequently  on  the  south  side, 
and  pa.ssed  the  winter  there.  In  tlie  S|)rin2:  of  1^01), 
they  commenced  their  journev  homeward,  and 
reached  the  Mississippi  in  the  fall  oflliat  year,  hav- 
inj^  travelled  over  9,000  miles.  This  expedition 
was  fitted  o\it  under  the  direction  of  the  Govern- 
ment of  the  United  States,  and  executed  by  officers 
in  its  .service  at  the  public  expense.  It  was  under- 
taken on  the  recommendation  of  the  President, 
communicated  in  n  messajre  to  Con2;ress  in  180.1. 
One  of  its  objects  was  to  examine  the  country 
watered  by  the  Columbia  river,  which  had  been 
discovered  by  a  citizen  of  the  United  States,  and  it 
resulted  in  a  survey — necessarily  cursory — of  the 
main  southern  branch  of  the  river,  of  the  principal 
stream  to  its  mouth  from  the  jiniction  of  the  latter 
with  it,  and  of  a  portion  of  Clarke's  river,  which 
empties  into  the  northern  branch  between  the  48ih 
and  49th  parallels  of  latitude,  litis  was  the  first 
exploration  of  the  Columbia  made  subsequently  to 
1792,  when  it  was  ascended  by  Gray,  its  discov- 


erer, some  twenty  mile?,  and  five  months  after 
by  a  deuichment  Vrom  Vancouver's  parly,  under 
Droui;hton,  about  one  hundred  miles,  from  iU 
mouth.  . 

It  is  also  to  be  considered  'hat  the  expedition  or 
Lu\i  is  and  Clarke  was  luidertaken  immediately 
after  the  cession  of  the  territory  of  Louisiana  to 
the  United  States  by  France— a  territory  admitted 
to  inciuile  all  the  country  drained  by  the  Missis- 
sippi and  its  tributaries  to  their  head  waters.     It 
was  also  the  understandin;;;  at  the  time  that  it  was 
sepanited  from  the  Briiisli  possessions  in  North 
America  by  the  49tli  parallel  of  hititude  extended 
westward  li-om  llie  Lake  of  the  Woods  indefinite- 
ly.    Mr.  Monroe,  in  a  paper  presented  to  Lord 
Ilarrowby  in  1804,  at  Loii'on,  stated  that  it  had 
been   so   settled  by    commls^,^rie^    appointed  by 
Fnuicc  and  Englaml  under  the  treaty  of  Utrecht; 
and  the  statement  was  not  impugned  or  objected  to. 
I  am  aware  tliat  a  doubt  has  recently  been  raised 
as  to  tiie  fact  of  such  a  line  having  been  agreed  on; 
liut  after  nearly  a  century  and  a  half,  it  is  oues- 
tionablo  whether  an  arrangement  which  had  been 
acquiesced  in  [Colonel  Bf.xton  here  added—"  and 
acted  on"]  as  having  been  made  by  the  compe- 
tent authority  at  the  proper  time,  can  be  denied, 
even  thou<rh  no  authentic  reord  of  the  meeting  of 
the  comnussaries  can  be  found.*     Other  persons 
were  employe  1  by  the  Government  to  survey  the 
southern  portions  of  Loui.viana;  and  these  con- 
tcmiioraneous  expeditions  must  be  regarded  by 
the  world  as  a  public  manifestation  of  the  inten- 
tion of  the  United  Slates  to  assert  all  the  rights  she 
mi-ht   justly  claim  by  discovery  or  otherwise  to 
the'sovereiijntv  of  the  country  between  the  Missis- 
sipi>i  and  the  tacific  ocean.  ..  ,     ,^     , 

In  1806  Mr.  Frazer,  an  agent  of  the  Northwest 
Company,  formed  an  estaldishment  on  Frazer's 
lake  in  the  .'■)4th  parallel  of  latitude;  and  this  was 
the  first  establishment  ever  made  by  British  sub- 
jects west  of  tlie  Roc'.-y  mountains. 

In  March,  1811,  the  Pacific  Fur  Company,  of 
which  .John  Jacob  Astor,  of  New  York,  was  the 
principal,  formed  an  establishment  at  Astoria,  on 
the  south  bank  of  ihe  Columbia  river,  about  ten 
miles  from  its  mouth,  having  first  estfiblished  them- 
si-lves  on  the  north  bank;  a;id  this  was  the  first 
settlement  ever  made  on  the  Columbia  or  in  the 
territory  watered  by  that  river  or  its  tributaries, 
excepting  two  temporary  establishments  in  1809 
an'.  18T0",  formed  also  by  American  citizens,  which 
\\  ere  soon  abandoned  in  coi-sequence  of  the  diffi- 
culty of  obtaining  provisions,  and  other  cmbarrass- 
men'ts.  The  Astoria  company  also  formed  an  es- 
tablishment in  1811,  on  the  Okanagan,  a  tribuUry 
entering  the  Columbia  on  the  north  side,  between 
the  48th  and  49th  parallels  of  latitude;  and  in  1812 
another  near  it  on  the  Spokan,  also  a  tributary  jf 
the  great  river. 

In  181.3  the  Pacific  Company,  in  imsequence  of 
ilu  eml)arrassments  growing  out  of  the  war  of  1812 
with  Great  Hritain.  sold  "  its  est-blishmcnts,  furs, 
and  stock  in  hand"  (including  .he  posts  on  the 
Okanagan  and  the  Spolcan)  to  the  Northwest  Com- 
pany;  "(ind  a  few  days  afterwards  the  British  sloop- 
of-war  Raccoon  arrived,  took  possession  of  the 
place,  and  hoisted  the  British  f.ag. 

By  the  treaty  of  Ghent,  ratified  by_us^in  1815^ 

*  Sen  iin  cliiliorate  examinaticn  of  Uie  question  in  Green- 
i  liow's  Oregon,  page  'JTli. 


18 


was  stipulated  that  "all  territory,  placrs,  nnd  pos- 
sessions whatsoever  taken  by  either  party  from  the 
other  during  the  war,  or  which  may  be  taken  after 
the  signing  of  this  treaty ,  excepting  only  tiie,  islands 
hereinafter  mentioned,  shall  be  restored  without 
delay." 

In  compliance  with  this  siipulatior,  the  establish- 
n.ent  at  Astoriy  was  restored  to  the  United  Suites. 
liie  compliance  was  full,  unconditional,  and  with- 
out reservation  of  any  sort.  No  claim  was  set  up 
by  Great  Britain  in  her  written  communications 
with  the  United  SUttes  on  this  subject,  at  the  time 
of  the  restoration,  in  respect  to  any  ri^'ht  of  sover- 
eignty or  domain  in  the  territory  thus  restored. 
The  British  Minister  at  Washington  had,  it  is  true, 
a  year  before  objected  to  the  restoration,  on  the 


jround  that  the  |)iacc  had  been  purchased  by  the 
Northwest  Comfiai.y.and  that  it  had  "been  Uiken 
possession  of  in  his  Majesty's  rame,  and  had  been 
since  considered  !is  forming  part  of  his  Majesty's 
dominions."  The  objection  .vas  virtually  aban- 
doned by  the  restoration ;  and  as  the  place  was  re- 
stored without  .1  written  protest  or  reservation,  the 
f  round  of  the  objection  may  be  regarded  as  having 
een  considered  wholly  untenable  by  those  who 
took  it.  In  this  transaction,  as  in  all  others  rela- 
ting to  the  territory  of  Oregon,  the  Government  of 
I'le  United  Suites  mai>Uained,  in  clear  and  uiuMjuiv- 
:.cal  term",  its  right  of  .sovereignty.  In  its  instruc- 
tions to  apUiin  Biddle  in  1817,  it  directed  him  to 
proceed  tc  the  mouth  of  the  Columbia,  and  there 
"to  assert  the  claim  of  the  United  States  to  the 
sovereignty  of  the  adjacent  country,  in  a  friendly 
and  peaceable  manner,  and  withoiit  the  enijiloy- 
ment  of  force."  This  order  he  executed  on  the 
9th  of  August,  1818,  by  taking;  formal  possession 
of  the  country  on  the  river.  The  formal  restora- 
tion of  Astoria  was  made  on  the  6th  of  October, 
1818;  and  in  foi-rteen  days  afterwards  (on  the  20th 
October)  a  convention  was  agreed  on  by  the  Uni- 
ted States  and  Great  Britain,  containing  the  follow- 
ing article: 

"Art.  3.  It  is  agreed  that  any  country  that  may 
'  be  claimed  by  either  party  on  the  nortliwest  coast 
'  of  America,  westward  of  the  Stony  mountains, 

•  shall,  together  with  its  harbors,  bays,  and  creeks, 
'  and  the  navigation  of  all  rivers  within  the  same, 
'  be  free  and  open  for  the  term  of  ten  years  fn  in 
'  the  date  of  the  signature  of  the  present  conven- 

•  tion,  to  the  vessels,  citizens,  and  .subjects  of  the 
'  two  Powers:  it  being  well  understood  that  this 

•  agreement  is  not  to  be  construed  to  the  preju(li<;e 

•  of  any  clann  which  either  of  the  two  high  con- 
'  tracting  parties  may  have  to  any  ]iart  of  the  said 
«  country,  nor  shall  it  be  taken  to  nfFect  the  claims 

•  of  any  other  Power  or  State  to  any  piirt  of  the 
'  said  country;  the  only  object  of  tl  e  high  contract- 
'  ing  parties  in  that  respect  being  n  prevent  dis- 

•  putes  and  diflerences  among  them.solves." 

On  the  6th  of  August,  1827,  the  main  provisions 
of  the  foregoing  article  were  renewed  by  the  fol- 
lowing convention: 

"Art.  1.  All  the  provisions  of  the  third  article 
'  of  the  convention  concluded  between  the  United 
'  Suites  of  America  and  his  Majesty  the  King  of 

•  the  United  Kingd-'m  of  Great  Britain  and   Irc- 

•  land,  on  the  20th  of  October,  1818,  shall  be,  and 

•  they  are  hereby,  further  indefinitely  extended  and 

•  continued  in  fjirce,  in  the  same  manner  as  if  all 


'  the  provisions  of  the  Baid  article  were  herein  spc- 
'  cifically  recited. 

"Art.  2.  It  shall  be  competent,  however,  to 
'  either  of  the  contracting  parties,  in  case  either 
'  should  think  fit,  at  any  time  after  the  20ih  Octo- 
'  bei,  1828,  on  giving  due  notice  of  twelve  months 
'  to  the  other  contractir.g  party,  to  annul  and  al.ro- 
'  gate  this  convention;  and  it  shall,  in  such  rase,  be 
'  accordingly  entirely  annulled  and  abro;;ated,  after 
'  the  expiration  of  the  said  term  of  service. 

"Art.  ;>.  Nothing  contained  in  this  convention, 
'  or  in  the  third  article  of  the  convention  of  the 
'  20th  October,  181H,  hereby  continuid  in  force, 
'  shall  be  construed  to  impair,  or  in  any  manner 
'  aflect,  the  claims  which  either  of  the  contracting 
♦  parties  may  have  to  any  part  of  the  country  wcsl- 
'  ward  of  the  Stony  or  Kooky  niountauis." 

On  the  basis  of  these  two  treaties  the  relations  of 
the  two  eountrics  in  respect  to  Oreijon  now  list; 
and  in  order  to  a.scertain  what  are  the  rights  of  the 
contracting  parties  to  the  territory  in  dispute,  we 
must  revert  to  the  year  1818,  to  the  sialii  quo  be- 
fore they  were  entered  into;  for  if,  as  has  been 
seen,  nothing  contained  in  the  treaties  can  preju- 
dice in  any  manner  their  respective  claims,  no  acts 
dune  since  by  settlement  or  otherwise  can  create, 
in  respect  to  the  territory  in  question,  any  righta 
which  did  not  exist  then. 

This  jiosition  wa.s  taken  with  characteristic  vigor 
and  brevity  by  the  distinguished  Senator  from 
South  Carolina,  [Mr.  C  m.hoi'v,]  sitting  Ix'Torc  me, 
in  a  note  dated  the  3d  of  September,  1814,  and  ad- 
dressed to  Mr.  Pakenhani,  wliili'  t'\c  Senator  was 
acting  in  the  capacity  of  a  negotiator. 

Sir,  I  wish  to  be  distinctly  unders'ood  on  this 
point,  for  the  reason  that  the  IIuds(,n's  Bay  Com- 
p;.  'y,  in  which  the  Northwest  Con.pany  has  been 
merited,  has  for  several  years  been  extending  its 
establishments;  and  because,  in  the  negotiations 
between  the  Briti.«h  Government  and  ours,  it  has 
been  once,  at  least,  if  not  more  than  oni-e,  intimti- 
ted  liy  the  former  that  British  subjects  had  interests 
there  which  it  was  bound  to  protect.  These  estab- 
lishments have  been  made  with  full  knowh  dge  of 
the  stipulations  of  the  conventions  entered  into  be- 
tween the  two  countries;  and  on  no  ground,  even 
the  ground  of  equity,  can  any  claim  be  set  up  on 
the  basis  of  these  newly-created  interests.  To 
agree  to  suspend  the  settlement  of  the  controversy, 
and  then  to  draw  from  acts  done  by  (me  of  the  par- 
ties during  the  suspension  new  arguments  in  favor 
of  its  own  .side  of  the  question,  is  not  only  repug- 
nant 1  )  every  rule  of  fairness,  but  it  is  a  violat'on 
of  the  letter  as  well  as  the  spirit  of  the  agreement, 
and  tends  to  the  defeat  of  the  very  oliject  in  view 
in  making  it. 

Let  us  see,  then,  what  di.^eoveries  had  been 
made,  and  what  establishments  formed,  in  liil>^. 
Those  of  Spain  were  paramount  to  all  others. 
She  had  visited  and  explored  the  whole  coast  from 
California,  where  she  had  permanent  eslalihsh- 
mcnts,  to  the  nost  northerly  line  of  the  territory 
in  dis[)ute.  Sue  had  discovered  the  Strait  of  Juan 
de  Fuca,  and  formed  an  establishment  wiiliin  it, 
I  tliink,  in  170:}.  She  had  discovered  Nootka 
Sound,  and  established  herself  there.  And  she  was 
.  trengthencd  in  her  claims  to  the  absolute  sover- 
eigntv  of  the  country  by  its  irnmcdii'te  conti':;uity 
to  CaJifuriiia,  of  which  she  had  tiic  uiulis^iuted  and 


^ 
W. 


uniliviJc (1  pnssc.'!:iion,  with  the  exrpption  of  two  . 
ttiiipoiaiy  cst;vblisliiiiciilsl)y  tlic  Ilussiuns  between 
the  hay  of  St.  Fnincisco  and   Ciipe  Mcnilonno,  | 
wliirli  were  ni.ulc  to  facilitate  their  trade  in  I'urii, 
nnd  by  perniissinn  of  ihc  Spanish  Government.  It 
is  true   slie  had   not  kept  up  her  establi.slinients  j 
north  of  Cape  Mendorino;  but  no  ntluTs  had  been  J 
formed  in  tiic  .same  localities;  and  lier  rif;lits  of  dis-  | 
c.:very,  therefore,  were  not  sunerseded  l)y  rights  ^ 
of  oerup.ilion  on  tlie  part  of  other  nations  in  any 
portion  of  the  territory  in  dispute,  excepting  so  far 
a.s  they  may  liave  been  derived  from  tiie  Ameriean  ; 
nnd  Critish  tstablishniciits,  to  -.vhich  I  urn  about  to  ' 
refer.  | 

The  United  States  had  discovered  the  Cohimbia 
river,  nnd  asrended  it  at  the  lime  of  the  discovery 
to  the  distance  of  twenty-five  miles  from  its  mouth. 
She  had  also  discovered  "Biilfmch's  Harbor,  between  ^ 
llie  Columbia  and  the  Strait  of  Fuca.     She  liad  ; 
rxamined   the   country  watered  by  the  Coliunl)ia 
nnd  sonic  of  its  tributaries,  and  slic  had  formed 
establishments  within  it  at  fo\ir  difft  rent  periods —  , 
in  my.),  lyl(»,  ISll,  and  ]81'J— tlie  most  southerly 
near  the  mouth  of  the  Columbia,  and  tlic  most  north- 
erly between  thcforly-eifjhth  and  forty-ninth  jiaral- 
Ie!s  oT  latitude.     Spain  claimed  to  have  discovered 
the  Coliunbia  seventeen  years  liffore  Gri.y  entered 
it;  but  in  IHiJl  she  ceded  all  herri^'htsto  the  country 
north  of  4"JO  to  the  United  Suites,  by  treaty,  and  thus 
pave  us  a  title  to  the  territory  -vatered  by  the  river,  , 
wliiili  Greet  nritainou;;ht  never  tohavei|ucstioned. 
Hy  virtneof  the  s(U)ic  act  of  cession,  hcrentire  right  ' 
to  the  coast  became  vested  in  us.  I 

In  the  course  of  the  jaiblic  discussions  in  re.spcet  | 
to  Orei^on,  the  United  Slates  lias  been  charged  ' 
with  dishonor  and  bad  faifli  in  setting  up  a  claim 
to  that  territory,  Isl.  by  discovery,  through  the 
a<rency  of  her  own  c.ilizeiis;  and  2d,  by  cession  of 
the  rights  of  Spain.  For,  as  has  been  said,  if  the 
first  ground  was  tenable,  she  could  not,  without 
inconsistency,  set  up  a  claim  on  the  second,  be- 
cause she  had  virtually  denied  the  second  by  as- 
suming the  first  us  tfie  liasis  of  her  ri;;ht.  But, 
sir,  is  it  not  rpiitc  possible  tor  two  nations  to  pos- 
sess rights  by  eoutiguily,  or  to  iK:cpiire  them  by 
discovery,  neither  perfect,  lutt  capable  of  Ijeing 
rendeied  so  by  a  mer^rer  of  both  in  one'  deal 
Britain  herself  claims  a  right  of  joint  occupamy 
with  the  United  Slates  in  Orego'n;  and  she  will 
certainly  not  deny  that  a  eessloii  of  her  right  to 
us,  or  ours  to  h<  r,  would  create  a  perfect  title  to 
the  country,  without  afl'ording  cause  for  any  im- 
putation oi  dishonor  to  either. 

Great  Britain,  in  1818,  had  surveyed  the  Strait 
of  Fuca,  after  its  outlines  were  known;  bat  she 
had  made  no  disct)vtiirs  on  the  coast  which  were 
not  comprehended  v.iu.in  the  boundaries  of  the 
great  districts  previuusly  known  and  visited.  She 
may  ha\e  had  establishinents  in  the  valley  of  the 
Cidumbia;  but  ilVi,  I  have  not  been  able  to  ascer- 
tain the  fact.  She  had  diiicoveied  Fra.'.cr's  river, 
whic'a  empties  into  the  Strait  of  Fuca  ;it  the  forty- 
ninth  |iara!lel  of  latitude  ;  she  had  traced  it  from 
its  source  to  its  mouth;  she  had  formed  an  estab- 
lishment on  it  near  the  fifly-fourth  parallel;  nnd  it 
only  remains  to  settle  by  the  testimony  of  facts  the 
geographical  relation  which  this  river  and  its  valley 
bear  to  the  river  and  valley  of  the  Columbia.* 

•  IHcre  is  nn  rc-j-onulilc  oroiind  to  doiibt  tliiit  tlie  Spaniards 
discovered  Hie  mouth  of  Tiazcr's  river ;  liut  Hie  locality  Uiii 


T  pass  hy,  ns  unconnected  with  the  question,  for 
Ihc  reasons  I  have  assigned,  all  sctllcmcnt.s  nindc 
subserie'.idy  to  1818  by  the  Hudson's  Bay  Com- 
pany, on  which  Great  Britflin  has  conferred  lar§e 
nnd  most  important  powers  in  respect  to  the  coun- 
try west  of  the  Rocky  mountains.  Indeed,  these 
establishinents  rest  upon  no  legal  concession,  even 
by  iierseif,  which  confers  any  right  of  domain. 
The  Hudson's  I3ay  Company  has  a  mere  right  of 
exclusive  trade  with  the  Iiidlnns,  without  the  priv- 
ilege of  aciiuiring  any  title  to  the  soil  in  Oregon; 
and  in  this  respect  the  nrix  lieges  of  the  Company 
diflcr  mi'terially  from  lliosc  conferred  on  it  in  re- 
lation to  the  territory  it  posscs-ses  upon  Hudson's 
Straits. 

I  nl.so  pass  1,y,  ns  idle,  the  formalities  of  .diking 
possession  of  the  country  by  Bionghton  on  the 
Columbia,  and  Vi>  -oin-cr  in  the  Strait  of  Fuca — 
formalities  a  long  t.  ,  lefore  performed  in  number- 
less localities  by  the  apaniurds— especially  ns  those 
of  iho  Briti.sh  luuigntors  wen.  unaccompanied  by 
actual  settlement  nnd  occupation,  and  were  in  di- 
rect violation  of  n  treaty  which  those  officers  were 
sent  out  to  execute. 

I  have  endeavored,  Mr.  President,  in  the  first 
liart  of  my  remarks,  to  maintain  the  Sjianlsh  title 
to  the  northwest  coast  of  Americn.  I  regard  all  at- 
tempts to  disparage  it  ns  antiquated  and  obsolete, 
to  be  founded  upon  partial  nnd  illiberal  views  of 
the  subject.  It  is  unnecessary  to  say  to  you,  sir, 
or  the  f^i  natp,  that  antiquity  i.s  the  highest  clement 
of  title,  if  the  chain  can  be 'traced  down  urbrokcn 
and  entire  to  our  own  times.  The  Spnnish  titl«  to 
the  northwest  coast  is  almost  coeval  with  the  voy- 
ages of  C^ohimbns.  It  is  consecrated  liy  discovery 
as  high  ns  the  4n<l  parallel  of  latitude  by  the  lapse 
of  more  than  three  centuries;  as  high  as  the  48th 
by  the  lapse  of  two  centtiries  nnd  a  half;  nnd 
ns  high  as  the  54th  by  the  lapse  of  more  than 
seventy  years.  Sixty  years  ago  it  stood  undis- 
])utcd  nnd  uiumpeaclied  by  nny  nntagonlsi  claim 
or  pretension  to  lerritoruil  rights.  It  was  con- 
fi-med  and  perfected  by  occupation  as  high  as 
49°  :iO'  half  a  century  ago.  During  the  succeed- 
ing twenty  years,  it  was  not  superseded  by  rights 
of^cccupation  on  the  jiart  of  other  nations,  unless 
it  be  to  the  limited  extent  I  have  siatcd.  Durins: 
the  last  thirty  years,  all  rights  have  been  suspend- 
ed by  treaty  arrangements  betwciMi  the  only  two 
Powers  who  can,  with  any  ."ace,  set  up  a  claim  to 
the  exercise  of  sovereignty  over  Jic  territory  to 
which  it  attaches.  In  the  consideration  of  national 
interests  in  territorial  jiosscssions,  it  is  a  narrow 

not  apiK'iir  to  inc  to  be  nt  distinctly  settled  ns  to  authorize 
I  me  to  H-siiiiie  it  as  ii  Tact  ill  llie  text.  Oil  rctiirini!  to  Van- 
'  couvcr's  Journal,  voliiiiic  M,  piuic  187,  it  will  be  seen  that  he 
l.asscd  the  luonlli  of  the  livir  without  iliscovi'rinn  it,  it  be- 
iiia  then,  as  it  is  said  to  he  now.  nearly  masked  by  a  shoal 
extcii(!in2  northwardly  l'ri>in  Cape  liohcris  about  seven  miles. 
Capi  Kolicrts  is  the  siiiithcrn  pniiit  ol'thc  rivi'r,  and  it  is  in- 
ti  iseelcd  by  the4'Jlh  parallel  ol  latitiid.-.  .At  pa!xi-212of  tlie 
same  volnincii  will  be  seen  that,  alter  incctiii!;  Gahanonnil 
Vald's  i-.\T  I'oint  (Jrcv.  (a  tew  mihs  north  of  tlie  river.)  as 
he  s:  at  pai.'c  0119.  VanconviT  r  ays :  '•  I  sliewed  them  the 
slicu  .ad  made  oi' our  excursion,  and  pi.iiited  out  tlie  only 
spilt  wiiicli  I  iiinccivcd  wo.  had  lift  iinexan.incd,  nearly  at 
tbelnad  ot"I!eriiard"s  channel:  tln'V seemed  nmi'li  surprised 
that  we  had  nm  I'ound  a  river  said  to  exist  in  the  region  we 
had  been  expleriei,  and  named  by  oii<!  <d'  their  nlBi'iTs  Rio 
Jtlancho,  ill  e.iinpliment  to  the  then  prime  miiii-terof  i^pain  ; 
which  rivi  r  thee  L'cntb  men  bad  soiisht  thus  tiir  to  no  pur- 
pose." There  can  be  no  doubt  that  this  was  Frazer's  river, 
as  there  is  no  other  stream  in  the  region  Vancouver  "  had 
been  cxpioimg.'' 


I 


It 


i  ;■ 


20 

view  to  bind  down  dovcreij^  Suntos  to  nil  the  ri^or-  ;  part  to  enrronrh  on  hrr  rights,  or  to  ndjiist  nnv  of 


0U8  tcrhniralilies  o'  private  tciiuiis.  Great  nrin- 
ciplrs  of  national  ri),'ht,  viewed  lilirrally,  anil  ap- 
plied according  to  ilie  proolnimed  intniiinns  of  tlie 
parties,  are  tl  -•  only  •juidts  worthy  of  slafosmcn 
or  Governments  in  the  scitlcnient  of  fjncstions  of 
sovereignly  ov^r  the  unorciipird  portions  of  the 
earth  we  inhabit.  The  object  of  Sj)ain,  in  respcrt 
to  the  north\vc."t  crnst,  wa-'  .•■•ptlliniirit — |)ernmi!ei,t 
oc  pation.  '''he  objrct  of  Great  Hriliiin  w.is  rnin- 
mticc,  trarTir,  transient  (  ,'rupation.  Tested  by  the 
principles  I  have  stated,  I  ennnot  hesitate  to  con- 
sider the  Spanish  title  to  the  northwest  coM.st  of 
Jlmeriea,  which  has  of  late  been  so  niiieh  dispar- 
af^ed,  as  vesting  in  us  rights  which  are  unimiieach- 
ablc. 

I  said  at  the  eomnicnrement  of  my  remarks  that 
one  of  my  objects  was,  to  defend  the  Spanish  t'.ie, 
by  statin^  the  historiral  raci.s  on  which  it  rests.  I 
have  performed  the  task  which  I  allotted  to  myself. 
I  will  only  add  that,  with  what  I  have  said,  I  am 


the  question.^  which  have  arisen  between  us  on 
other  feri.is  than  those  of  justico  and  libeialiiy. 
The  settlement  of  the  noilhe-ihtern  boundary — ono 
of  the  most  delicate  and  ditTicult  ihiit  has  everarisen 
between  us — affords  a  striking;  evidence  of  our  t'e- 
sirc  to  maintain  with  her  the  moNt  friendly  under- 
Rlandinu'.  We  ceded  to  her  a  ]>ortion  of  territory 
which  she  deemed  of  vital  importance  as  n  means 
of  military  eominunication  between  the  r'anailas 
and  her  Atlantic  provinces,  and  which  will  ;;ivc  her 
a  great  advantage  in  a  contest  with  us.  The  men.i- 
ure  was  sustained  by  the  constituted  authorities 
of  the  country,  and  I  have  no  desire  or  intejilion  to 
call  its  wisdom  in  question.  Hut  it  jiroves  tint  we 
were  not  unwilling  to  afford  Great  Hritain  any  fi- 
eility  .she  required  for  consolidating  her  .^Jorth 
American  possessions — acting  in  pence  as  though 
war  was  not  to  be  exjtected  between  tlu;  two  coun- 
tries. If  we  had  cherished  any  ambitiocs  designs  in 
resj)ect  to  them— if  we  had  had  ai.y  other  wish  than 
that  of  continuing  on  terms  of  amity  with  her  and 
them — this  great  miliuiry  advantage  would  never 
have  been  conceded  to  her. 

On  the  other  haiul,  I  regret  to  say  thai  her  cotirsc 
tow-ards  us  has  been  a  course  of  perr.etual  encroach- 
ment. Hut,  sir,  I  will  not  look  back  upon  what  is 
jiast  for  the  purpose  of  reviving  (iisiurSing  recol- 
Icetions.  Yet  I  am  conslri,iii''d  to  s  ly,  that  in  re- 
spect to  Oregon,  I  cor.aderher  legislation  as  a  vir- 
ttial  infraction  of  the  .•onventions  of  1S|8  and  1H'J7. 
By  an  act  of  Parliain  n*.  panned  iti  IHSI,  she  has 
extended  tlie  jurisdiction,  power,  and  autliority  of 


content,  so  far  as  I  am  concerned,  to  leave  the  whole 
qiicstion  where  it  now  is,  in  the  hands  of  the  Ad- 
ministration, relying  on  its  firmness  and  its  sense 
of  rectitude  to  sustain  our  just  rights,  and  to  respect 
the  just  rights  of  others. 

So  conscious  is  Great  Britain  of  the  invalidity  of 
her  title,  that  she  docs  not  venture  to  as.sert  a  right 
to  the  exclusive  sovereignty  of  any  jiortion  of  the 
territory.  In  182C  she  ciaimcd  only  a  right  of  joint 
occupancy,  in  common  with  orl.er  powers;  but 
denied  the  right  of  exclusive  dominion  in  the  Uni- 
ted States.     While  insisting  that  she  was  j'lUitled 

"to  place  her  claims  at  least  upon  a  jiarity  with  I  her  courts  of  judicature  in'Upper  Canada  over'llie 
those  of  tlie  United  States, "she  has  con«t,^ntly  re- '  whole  Indian  territory  in  North  Amcric.i,  "not 
fused  to  divide  the  territory  at  the  49th  parallel  of  within  her  i-wn  provinces,  or  witliiii  any  civil  gov- 
latif.Je,  the  boundary  bctv.-cen  her  and  us  from  the  '  ernment  of  the  United  Slates,"  and  r)f  course  l-in- 
Lake  of  the  Woods  to  the  Rocky  mountains — a  \  bracing  the  territory  of  Oregon.  She  has  "-iven 
line  which  would  have  severed  the  coast,  and  the  ihtin  to'mir.ance  of  every  wrTing  and  injury  to  the 
country  in  iniiricdiate  contiguity  v.ith  it,  into  two  '  person  and  to  property, fenl  or  personal,  comniit- 
parts  so  nearly  equal,  as  to  leave  her  no  reasonable  '  ted  within  the  territory',  and  has  declared  that  every 
g:round,  even  on  the  score  of  an  c(|uitable  division.  :  jierson  wlKsisoever  (not  British  sulijects  alone,  but 
for  the  continuance  of  a  controversy.  Her  desire  '  every  person  whatsoever)  residing  in  it  shall  bn 
for  territorial  extension  in  Uiis  quarter  is  fen- the  '  amenable  to  these  courts.  3Vay,  sir,  s'le  has  nu- 
purpose  of  establishing  her  colonial  doniiiiion  over  il.ori/.ed  the  Crown  to  rslablisli  courts  within  the 
districts  of  country  bordering  on  us,  and  confining  territory  itscli",  with  power  to  try  criminal  ofl'eni^es 
our  settlements  within  narrower  limits.  Our  con-  not  puni  ihable  with  d.  atli,  and  .also  civil  causes  to 
test  tor  territorial  rights,  which  we  consider  indis-  a  limited  amount — I  believe  .i'2(  10— about  §1,0(10. 
putable,  has  no  object  but  to  enable  our  citizens  to  '  She  has  thus  assumed  to  exercise  over  this  tcrri- 
cxtend  them.selves  to  our  natur.al  boundary — the  tory  one  of  the  highest  attributes  of  national  sov- 
Pacific.  Her  interest  is  remote  and  contingent;  |  ereignty — that  of  deciding  upor.  rights  of  prop'riy 
ours  is  direct  and  certain.  Hers  is  the  interest  of'  and  punishing  violations  of  the  cnniinal  l;iv.  s  .•-•he 
a  State  in  a  distant  country  which  she  wishes  to  '  has  extended  over  them.  She  could  harcllv  have 
colonize;  ours  is  the  interest  of  a  country  in  its  i  asserted  a  more  r-bsolute  sovereignty  tlian  slie  has 
own  proper  territory  and  settlements.  She  is  not  ;  '"one  by  this  unqualified  extension  of  li"r  laws  and 
content  with  subjecting  to  her  sway  the  fertile  and  the  jurisdiction  of  her  courts  over  i  territory  in 
opulent  regions  of  the  Rist;  but  she  comes  now  '  which  she  ai'mits  that  she  has  no  other  ri;;!it  but 
thousands  of  miles  across  the  ocean  to  dispute  with  '  that  of  a  joint  occupancy.  I  am  aware  that  she  has 
us  the  dominion  of  the  uninhal)ited  wilderness,  and  '  disavowed  the  intention  of  enforcing  li<r  criminal 
curtail  the  area  for  our  cxpan-sion.  With  the  least  ;  laws  ngninst  citizens  of  the  United  States.  But  if 
disposition  on  lier  part  to  listen  to  the  sugges- |  Senators  will  turn  to  the  documents  accouipanying 
tions  of  reason  and  justice,  this  question  would  the  President's  Message,  tin  y  will  see  tlnu  the  lliid- 
longago  have  been  settled  on  the  fair  and  honor-  ■  son's  Bay  Company  has  a  much  more  summary 
able  terms  of  compromise — nay,  sir,  on  the  terms  ;  method  of  dis[)osing  of  American  citizens,  who  es- 
of  concession — v;liich  we  have  more  liian  once  .  tablish  themsdve^  on  the  north  side  of  the  Colum- 
proposed.  '  bia,  in  the  neighborhood  of  its  sett'enients.   Their 

I  nm  sure  that  in  the  course  <if  our  Government  '  condition  is  not  bettered,  if  this  exemption  frnm 
in  relation  to  Great  Britain,  in  our  negotiations,  I  the  operation  of  the  Briti"'-  ■^titiite  is  to  be  ex- 
nn<\  in  t!  e  treaties  which  have,  been  foi-med  lief-veen  ;  cliangcd  for  a  forcible  process  of  ejection  without 
us,  no  evidence  will  be  found  of  a  desire  on  our    law. 


C. 


21 

whol  is  iliP  duty  ofl  tn  arma  silent  /<•?«,"  is  nn  a 


Under  thfsr  rircum»i«nc«,  "■"'  ","  r  /  j  ,  j  ,  hisioiy  has  furnishrd  too  inanymiai^ 
the  United  S.au»?  A»  1  do  not  "'"'J '"  '  ™  1  '^.'„'l  ,,  Z-'h  to  av.rt  nuch  a  cr.la^ity.  I 
n,y.Hf  on  the  altent.o,.  of  the  S-'!-^^"  'i^mn.  ^v  uhou     J^^  '",  inconsistent  with  the  put)lir. 

nlLhae  necessity,  on  '"'yr^  -"       ''    f,"''^ J  ?°  "Zd  a^contest  which  would  I.e  di.«-t 


lir<?al  Briuun  umi^  "-  1.....^ -     r,  »  , 

ocrupanry,  »mt  whioh  has  n,  .ouhly  Ik- n  for  her 
ocru|mii  J,        ^^  ^^_^  wlioh!   terr.orv 

[{- 


an    exf-lusivc    ooniniuicy 


north' of  the  CohimKi.i.     I  am  in  favor  of  rxtem 
i„^'  the  authority  of  <.ur  Uiws  at.d   the   ,..,isd.c 


.ircum^tances.  what  i,  the  duty  or,  '^-^1^:::^  h^^^.rn^l^^d  I^lnkn  J  iil^l*?^-<?' 

I  would 
;  honor, 

ui.at'i'" ^-c..../. '.  ,•, ,  ,  „,,.ii  ..,,,,;  for  the!  to  avoid  a  contest  whiih  would  l)e  disaatrous  to 

Ron,  I  desire  to  Hay  now  that  1  » '"^^  ^  "^'  f^^'""  J"^*^^  I  "„,,,,,,^,iies,no:«atter^^ 
notice  to  terminate  the  convention  of  ms,  ^"^  \u',\\X,uid  thi-i  1  never  can  eo.    And  if  cxcmp- 
';i„ucd  in  f.uee  l.y  that  of  lH27-a  -''V7^,';'" -'    (  ,  •  .^  a 'Ir  rl.I  only  be  p.f,ha«ed  by  a  HurreL 

GreatBritain  treats  nsn.co;r.us.n?  a  r.^lU..(rj...^^^^    d,"  of  our  just  rights,  1  einnot  consent  to  make 

the  purchase.  But  if  war  cannot  be  averted,  1 
trust  we  shall  not  commit  the  sreat  error  of  under- 
valuing our  .idvcrsary.  With  some  opporlum'.y 
in-  inc  au.iior.iy  ...  ""■  "•■-._"  ,.,,,1 '„,  doin"  !  of  observin?  the  condition  of  Great  Briuiin  near 
tion  of  .M.r  courts  over  the  territory,  •>'''>  '-  .^^  ,,,^„j  i  ,,l^ve  ,io  hesitation  in  sayn.g  that  she 
8o,  1  would,  while  the  convention  is  ' '  J";  '''  «  "^  „„"  cv^^r  capable  of  greater  cflorU  than  she  is  at 
cia'lly  except  Br  l.sh  subjects,  »'"^  J'  ^^^  ^  '^'  ;  r,  el^.u  ?„^o„,ent.  "l  know  that  her  inordi.iato 
when  charsed  with  '''f™'''"|r.;.'*^,  ',,;;;"•,'''  , !  d  stui^ion  contams  within  itself  an  element  of  vi- 
delivered  up  to.the  -H'arest  Lrit..h  uuthonm  ^'y;^^,,,,..^,,.     „  j,  „,„  i„  ,i.e  order  of  human  so- 

cicty  that  so  cxtendtd  a  dominion  should  remain 
Ion-'  unbroken.  But  I  have  not  yet  been  able 
to  3ctcct,  in  the  condition  of  her  body  politic, 
the  uncrriii!;  symptoms  of  that  ueeay  which  pre- 
redes  and  works  out  the  c  ^ssohilion  of  empires. 
She  has  f^rcat  abures  to  Si.ug^lc  against.     The 


would  make  this  iL:.ervalion,  for  (he  express  pur- 
pose of  prcvcniins,  as  far  as  possible,  a  conflict  of 
urisdictlon,  and  U,  avoid  all  cause  for  .mputi.is  to 
us  adisre-ard  of  treaties,  or  a  desire  to  produce  col- 
lision or  disagreement  of  any  sort.  A-.d  m  order 
to  facilitate  the  extension  ot"  the  authority  of  he 
Union  over  ,.ur  IVllow  •^j''^-;  "J^^'^;^'-^:;!':^  X  '  ^--to^  f^^mCT;!;;'  l^^s  weM  mid'  graphically  de- 


tercoursc  between  us  and  them,  I  would  cslab  isli 
at  once  a  chain  of  military  posts  with  c.mipetent 
{rarris..ns  and  arnK.ments,  from  ll...  remotest  navi- 
cnble  waters  which  flow  into  the  Mississippi,  to 
the  ea.stern  face  of  the  Rocky  n.ountaiiis,  sloi_.pini:: 
there  so  Ion-  as  the  conveniion  conlimies  iii  lorcc 
Duty,  honor,  policy-all  demand  these  measures 
atom-hands:  an.l.-I  trust  they  will  be  executed 
with  promptitude  and  decision. 

■\Vill  these  mensurcs  produce  war  ?    1  earinoc    '■ 
licvc  that  they  ^yill.     I  (numol  ;.e!icve  it,  because 


scribed  them.     .She  has  enormous  burdens  lO  sus- 
tain ;  but  she  has  great  strength  to  bear  them. 
Her  soldiers  are  not  like  those  of  Rome  in  her  lat- 
ter days,  enervated  in  vigor  luid  relaxed  in  dia- 
i-ipline.    Yim  will  find  them  in  every  quarter  of  the 
.'lobe,  under  the  fiery  heat  of  the  equator,  and 
amid  the  frosts  of  the  arctic  circle,  braving  the  ele- 
ments, and  >;ettiii:'  dau'^cr  and  toil,  in  every  form, 
at  defiance.     But,  sir,  I  pretend  not,  with  iny  nar- 
row foresi..,'ht,  to  look  intn  the  future.     It  is  pos- 
I  sible  that  her  hour  may  be  near  at  hand.     But  we 
'  know  that  the  last  struggle  of  the  strong  man  is 


.,    -     .  I     c  ,.rf,v,„"iti.m      The    always  the  most  desperate,  and  somctinvs  the  most 

;^:Zt^;  ;^;':;:;i^  is'i :;;vi:n:;;"a;;:    Se  :  dani-ous  to  tl.  a..Lgonist  who  has  brought  him 

right  of  extendi,,,  our  ';«-  <--r;;;7;;!;r4ea;  y  i  "  1  "  f  "^hls  hi  no  spirit  of  timidity.     I  say  it  in 
similar  to  that  which  ^;-^^,  ,,       '"'^i"^^;; ^  fj  „  «piriU  forccast-with  the  desire  U.at 

exercLsed  f,.r  a  quai-ter  "^^  '  '  >  .^/^'A^,^  ,,  'i  ,  we  may  go  into  the  contest,  if  it  shall  come,  with 
ment  of  n  chain  <''  l'"f  1  ;.  '' /^    ^^j  ;  ,  o^^  the  asL?anee  that  we  have  to  deal  with  a  strong 

wholly  within  our  "  1^  '7^  ;',,'' "essi;,.  adversary  and  no.  a  weak  one;  mid  that  our  prep- 
,„  others.  It  has  been  .'"';''\  .v'  '  V  ;,.'^  /^,,  {„.  ,,,:uion  may  be  commensurate  with  il...  means  of 
11,  a  public  document,  ''^''V'';'  ,;;J  :;;',;  ,tck.  „flenee  to  wliich  we  shall  Lc  exposed.  I  have  no 
mediate  war.  and  tlia  a  sudden  '  ^.^^  \'  '^V^^^  ^oxM  „f  our  ability  both  to  defen-'  .urselves,  and 
Sir,  I  cannot  believe  it  ^^^  ;=<;;•'-;  '":;'^f,;^^^^^  t„,  ,„  give  back  effective  blows  in  return.  We  were 
ac..oimiofa,.y  one  ..rail  "<^''''\""  ^  ,'J,'^,^;  "''^^^  „c.?er  so  .strong  as  we  are  at  the  present  moment: 
would  be  a^varof  plain  unmix  d.Sg^^^^^^^^^  >ie  ^^^^  ^^  .^^  ^l^^  means,  strong 

nation,  in  the  r'^'''^^"-' ',    n     J.    1  c  'el^^^^  in  the  spirit  and  energy  of  our  peoole.     Our  dc- 

coiUcst,with..utdiaNyingdownupoihti.vel  tneeon  1   ^.j„jiti,,„    ,,fj  i,„,„    g-eaiy  overstated. 

demnationofallc,vil,.edc...mm^^^  We  ha4  beeJ  told  that  our  co^ast  is^dcnuded.     I 

find  herself  opposed  »;'J;[^!V^'^'.,iySJ  ",",'"«    have  heard,  whether  on  this  floor  or  elsewhere  I 
ion,  which,  in  our    ay,        she   onm  a      na  ^^^^^^  ^^^^^^  .^  ^^  ^         ^^^^^^^ 

more  powerfully  llmntle   urn  of      .e^^^^^^^^^^^^^^^^^^  ^^^  ^  _^^^  ^^^.  ^^^^  ^     ^^^^J^^  metropolis  of 

therefore,  imuRdiate  ^/^.^^  ^^  °"  '  j^^^^^se  -  my  own  State.    There  caimot  be  a  greo'er  error. 

Nor  can  evoniua  wa    t^ik^  J"'  Sciblyn  sited.  There  are  hundreds  of  guns,  of  heavy  calibre,  in 

tion  of  our  just  rights  ^''■^'l  ""^  *^^  "^^^^^^^^^^  wlru  the  the  city  of  N'-w  York,  ?eady,  at  the  very  hour  in 

Bull  will  m.i  venture  to  pass  J  u^^^^^^^^^  ^^  receive 'an  assailant',  and  as 

fimire  may  bring  fm^tl.Colhsun^^  ^,^^^  ^^     ^^^^^  .^         ...^^  .,^ 

ofthesemeasures-<-.ollMonsripemn   .tl.iOT^^  emergency,  and  this    independently  of  guns 

^:S^^^r^-^^  ^^^^  -«-'■    .n.tlLy  days;. believe  the  city  might  be 


plore  such  a  rc.sult.  The  interests  of  humanity, 
great  principles  of  j.olulcui  nght  self-govr.-nmeiit, 
freedom,  individual  rights,  all  sufTer  when  the  voice 
of  the  law  is  silenced  by  the  tumult  of  war.    "in- 


rendered,  with  'a  skilful  engineer,  and  with  the  . 
meaiis  which  might  be  placed  at  his  command,  J 
prepared — well  prepared — against  a  maritime  as-  , 
sault.    But,  sir,  I  turn  away  from  all  these  fore-  ' 


f 


''i 


22 


bodinp,  of  rv.l.  I  hnvc  confidence  in  the  contin- 
uance  of  peace.  I  belicc  the  good  senw  of  both 
counir  •»  will  revolt  at  a  contest  which  ran  brin^ 

Tvl.!"'     ^'-^  ""■■■'  *"''  ""''""»  «"     .fjt.Minent  of 
existing  diffi.uhics  on   terms  hon-,r,il,le  to  both 
touch  M  my  conv.cUon.     Uut,  sir,  if  1  am  deceiv- 


ed, then  I  hnre  only  to  say  tnat,  wliilel  would  b« 
con.stramcrl  l.y  nothing  but  overruling  necessity 
to  tak  up  the  sword,  yet,  if  the  neressiy  shall 
come,  I  trust  we  shall  never  consent  to  lay  it  down 
until  the  rights  and  'he  honor  of  the  count,  v  shall 
nave  been  fully  vindicated. 


1 


i^-,.  , .^ 


f... 


I  would  be 
:  nrcewrity 
nii  y  nhall 
ay  it  down 
uiti)  ahall 


.41.. 


i 


